Ely Gemborys v. Cenlar Agency, Inc., 4:20-cv-40006

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

A Settlement Agreement has been reached in a class action lawsuit contending that Cenlar Agency, Inc. (“Cenlar”) violated the law by placing in excess of two telephone calls in a seven-day period to Massachusetts consumers to collect a debt.

A federal court authorized this notice. This is not a solicitation from a lawyer.

The lawsuit is called Ely Gemborys v. Cenlar Agency, Inc., 4:20-cv-40006, and it is pending in United States District Court for the District of Massachusetts. In the lawsuit, Ely Gemborys, the Plaintiff, alleges that Cenlar, the Defendant, violated the Massachusetts Consumer Protection Act, M.G.L. c. 93A § 2, et seq. (“MCPA”), and the Massachusetts Debt Collection Regulations, 940 CMR § 7.00, et seq. (“MDCR”), by placing in excess of two calls regarding a debt within a seven-day period to Plaintiff and other Massachusetts consumers.
Cenlar contends that it did not make any calls to Plaintiff as alleged in the Complaint, and that any calls to Plaintiff were in fact made by Cenlar FSB. Cenlar denies any wrongdoing, denies that it violated the MCPA, the MDCR or any other law.
Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of further litigation.

A Settlement Fund of $612,500 has been established to pay valid claims, attorneys’ fees, costs, any incentive award to the Class Representative (Ely Gemborys) and settlement administration costs. You may be entitled to receive an equal share of the fund. The final cash payment will depend on the total number of valid and timely claims filed by all Class Members. Your legal rights are affected whether you act or don’t act so read this Notice carefully.

YOUR OPTIONS
Submit a Claim Form by April 20, 2021	Complete and submit a Claim Form and receive an equal share of the Settlement Fund.   By completing and submitting a Claim Form you may recover an equal share of the Settlement Fund.  This is the only way to claim and receive from the Fund. You may submit a Claim Form online on this website or by returning the Claim Form attached to your notice.
Ask to be Excluded by April 20, 2021	Get our of this lawsuit and get no benefits from it. You may ask to be excluded from the lawsuit.  By excluding yourself, you cannot recover as part of this settlement and you keep a right to sue on your own.
Object to the Settlement by April 20, 2021	Object to the terms of the Settlement Agreement. You may object to the terms of the Settlement Agreement and have your objections heard at the Final Approval Hearing.

The Fairness Hearing is scheduled for June 23, 2021 at 3:00 p.m. The Hearing will be herald virtually.  If you wish to attend virtually, you must select the Hearing and register with the Court here: https://forms.mad.uscourts.gov/courtlist.html