RELEASE CARD SETTLEMENT
Cy Pres Awards
What is cy pres?
After all expenses have been paid and payments made to eligible class members submitting claims, there may be unclaimed money remaining in the settlement fund. That money may be distributed to eligible organizations who will provide a direct or indirect benefit to members of the class. The money paid to those organizations is called cy pres. These payments must be approved by the Court. A court may approve a cy pres distribution if it bears a substantial nexus to the interests of the class members after considering the nature of the plaintiffs’ lawsuit, the objectives of the underlying statutes, and the interests of the silent class members. The court order approving the settlement in this case provides "In the event that surplus funds still remain after the payments approved herein, class counsel shall propose a cy pres distribution to the Court for consideration."
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Class counsel's proposal
Class counsel intends to recommend that the unclaimed money in the settlement fund be shared by a public interest law firm, Public Justice, who advocates on behalf of consumers, including inmates and their families who have been burdened by unreasonable fees and costs, and Human Rights Defense Center, an organization that has defended the rights of inmates and their families to fair and equal treatment for several decades and the organization largely responsible for initiating litigation against the defendants and other companies involved in issuing unrequested, fee-laden release cards. Each of these organizations provided submissions to class counsel regarding their programs and explaining why a cy pres award to it from this case is appropriate.
Submissions from Human Rights Defense Center
HRDC submitted an application for a cy pres award directed to the Court. That submission addresses why it is qualified to receive a cy pres distribution. That submission may be viewed by clicking on HRDC Application. HRDC also submitted a declaration from its counsel attaching letters of recommendation in support of its request. That submission may be viewed by clicking on HRDC Declaration.
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Submissions from Public Justice​
Public Justice submitted a cy pres proposal to class counsel, which describes its work and addresses why it is qualified to receive a cy pres distribution from this case. That submission may be viewed by clicking on Public Justice Submission. Public Justice also submitted a letter of recommendation that may be viewed by clicking on Recommendation Letter.
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Right to object to proposal
Class members have the right to object to or support class counsel's cy pres proposal. Objections or comments should be submitted by email to releasecard@sylaw.com or mailed to Release Card Settlement, 3101 Western Ave., Suite 350, Seattle, WA 98121. Those submissions will be included in the motion made by class counsel requesting the Court to approve the proposed cy pres distributions. That motion will also be posted on this web site.
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