Phillips v Caliber Home Loans, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case No. 19-cv-2711 (WMW/LIB)


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

A class action settlement may affect your rights if you paid Caliber Home Loans, Inc. a fee to make a residential loan payment by telephone, including through the use of the telephonic automated “IVR” (interactive voice response) system, or the internet between January 1, 2013 and January 21, 2020.

THIS NOTICE COULD AFFECT YOUR RIGHTS – PLEASE READ IT CAREFULLY

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

The United States District Court for the District of Minnesota (the “Court”) authorized this Website. This website is a summary of a Proposed Settlement of three class action lawsuits titled Phillips, et al. v. Caliber Home Loans, Inc., Case No. 0:19-cv-02711 (D. Minn.), Barnett, et al. v. Caliber Home Loans, Inc., Case No. 2:19-cv-309 (S.D. Tex.), and Davis, et al. v. Caliber Home Loans, Inc.., Case No. 1:20-cv-00338 (M.D. N.C.). The three cases have been consolidated for Settlement before the U.S. District Court for the District of Minnesota. Stephen Phillips, Mary Tourville-Phillips, Sandi Barnett, Gregory Benjamin, Tyrus Davis, and Christopher Bingham (“Plaintiffs”) sued Caliber Home Loans, Inc., alleging that Caliber charged borrowers fees to make mortgage payments online or over the phone, including through the use of the telephonic automated “IVR” (interactive voice response) system (“Pay-to-Pay fees”). The Action asserts that Caliber’s practice of charging such fees, among other things, violated the federal Fair Debt Collection Practices Act, 16 U.S.C. § 1692f(1), various state debt collection laws, and breached the terms of the borrowers’ loan agreements. Caliber denies the allegations asserted in the Actions. The Court has not decided who is right. The United States District Court for the District of Minnesota (the “Court”) authorized this Notice. This Notice is a summary of a Proposed Settlement of three class action lawsuits titled Phillips, et al. v. Caliber Home Loans, Inc., Case No. 0:19-cv-02711 (D. Minn.), Barnett, et al. v. Caliber Home Loans, Inc., Case No. 2:19-cv-309 (S.D. Tex.), and Davis, et al. v. Caliber Home Loans, Inc.., Case No. 1:20-cv-00338 (M.D. N.C.). The three cases have been consolidated for Settlement before the U.S. District Court for the District of Minnesota. Stephen Phillips, Mary Tourville-Phillips, Sandi Barnett, Gregory Benjamin, Tyrus Davis, and Christopher Bingham (“Plaintiffs”) sued Caliber Home Loans, Inc., alleging that Caliber charged borrowers fees to make mortgage payments online or over the phone, including through the use of the telephonic automated “IVR” (interactive voice response) system (“Pay-to-Pay fees”).  The Action asserts that Caliber’s practice of charging such fees, among other things, violated the federal Fair Debt Collection Practices Act, 16 U.S.C. § 1692f(1), various state debt collection laws, and breached the terms of the borrowers’ loan agreements.  Caliber denies the allegations asserted in the Actions. The Court has not decided who is right. 

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing
And Receive A Payment

If you are entitled under the Settlement to payment, you do not have to do anything to receive it. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class (i.e., you do nothing and do not otherwise exclude yourself from the Settlement), you will automatically receive a payment.
Exclusion Deadline: November 1, 2021
Instead of doing nothing, you may ask to be excluded from the lawsuit.  If you do so, you will receive no benefit from the Settlement, but you retain your right to sue on your own.
Objection Deadline: November 1, 2021
You may object to the terms of the Settlement Agreement and have your objections heard at the December 16, 2021, 9:00 a.m. CST Final Approval Hearing.
Do Nothing
You will receive any payment to which you are entitled and will give up your right to bring your own lawsuit against Caliber about the claims in this case.  

This website summarizes the Proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available in the Documents section of this website, by contacting Class Counsel at the addresses listed in FAQ 9, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.mnd.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for District of Minnesota, Warren E. Burger Federal Building and U.S. Courthouse, 316 North Robert Street, Suite 100, St. Paul, MN 55101, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.

This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
(844)367-8808
Mail
Phillips v. Caliber Homes Loans c/o Settlement Administration, LLC
PO Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Payment Options

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline.

    Monday, November 1, 2021 You must complete and mail your request for exclusion form so that it is postmarked no later than Monday, November 1, 2021.
  • Objection Deadline.

    Monday, November 1, 2021 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, November 1, 2021.
  • Final Approval Hearing Date.

    Thursday, December 16, 2021 The Final Approval Hearing is scheduled for Thursday, December 16, 2021, 9:00 a.m. CST. Please check this website for updates.

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