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Commonly Asked Questions


1. What is a class action lawsuit?

Answer:

In a class action, a person called a “class representative” sues on behalf of people who have allegedly similar claims. Here, all of the people who have claims allegedly similar to the class representative are persons in the Settlement Class. A “Settlement Class Member” is a person who does not exclude him or herself from the Settlement Class.

2. What is this lawsuit about?

Answer:

The lawsuit claims that, between April 3, 2013 and May 15, 2013 Citibank improperly recorded or monitored calls made to their telephone number 800-745-1534 without disclosing to callers that the call was being recorded and/or monitored.

For more information on the complaint you can view the Settlement Agreement that contains all of the allegations and claims asserted against Citibank.

Citibank denies Plaintiff’s allegations, denies that it violated any laws and denies that any class would be certified in litigation.

3. Why did I receive a notice?

Answer:

The Court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement and your legal rights.

The Superior Court of the State of California, County of San Francisco, is overseeing this case. The case is known as Ramona Edery v. Citibank, N.A., Case No. CGC 14-538436. The person who sued is referred to as the “Plaintiff” in the Notice. The defendant is Citibank, N.A., referred to as “Citibank” in the Notice.

4. Who is included in the Class?

Answer:

The settlement class consists of persons who between April 3, 2013 and May 15, 2013 participated in one or more telephone conversations with Citibank at 800-745-1534 and Citibank recorded and/or monitored the calls without disclosing to the individual that the calls were monitored and recorded.

If you received notice of the Settlement from a postcard addressed to you, then you likely are part of the Settlement Class.

5. What rights am I giving up under the Settlement?

Answer:

If you do not exclude yourself from the Settlement Class, you will release Defendant from liability for all claims relating to the undisclosed recording or monitoring of telephone calls that you placed to 800-745-1534 at any time from April 3, 2013 and May 15, 2013. You will be unable to sue, continue to sue or be part of any other lawsuit against Citibank that arises out of or relates in any way to the “Released Claims.” The full text of the Releases section including descriptions of “Released Claims” and “Released Parties” is available in the Settlement Agreement.

6. What are my options as a Class Member?

Answer:

• You may participate in the Settlement. If you wish to participate, you must submit your Claim Form online so that it is received or by mail to the Settlement Administrator so that it is completed, signed and postmarked no later than June 28, 2016.
• You may exclude yourself from the Settlement. If you do not wish to participate, you must submit a written Request for Exclusion to the Settlement Administrator. Your request must be signed and postmarked no later than July 28, 2016.
• If you do not like the Settlement, you may object. If you wish to object, you must send a written objection to the Settlement Administrator postmarked no later than July 28, 2016.
• You may do nothing. If you do nothing you will not receive a payment from the Settlement and you will give up your rights to be a part of any other lawsuit or to make any other claim against Citibank arising out of the Released Claims.

7. How do I file a claim?

Answer:

You can submit a Claim Form online or by mail. To submit a Claim Form online click here.

To submit a Claim Form by mail complete, the Claim Form attached at the end of your Notice or you can obtain a copy of the Claim Form by clicking here.

In order to be valid your Claim Form must be completely and accurately filled out in accordance with the instructions indicated on the Claim Form and must be signed by you. You may only submit one Claim Form.

Claim Forms submitted online must be submitted by no later than June 28, 2016. Claim Forms submitted by mail to the Settlement Administrator must be postmarked no later than June 28, 2016.

Mail your Claim Form to:
Rust Consulting
Citibank Class Action Settlement
PO Box 2474
Faribault, MN 55021-9174

8. How do I request exclusion?

Answer:

If you do not wish to be Settlement Class Member you may exclude yourself in writing to the Settlement Administrator so that your request is mailed postmarked no later than July 28, 2016.

To be valid your request must include your full name, address, telephone number, a statement that you want to be excluded from the Settlement in Ramona Edery v. Citibank, N.A. Case No. CGC 14-538436 and your signature.

Mail your Exclusion request to:
Rust Consulting
Citibank Class Action Settlement
PO Box 2474
Faribault, MN 55021-9174

9. How do I object to the Settlement?

Answer:

To Object you must submit a letter to the Settlement Administrator postmarked no later than July 28, 2016. Your Objection must include:
• The name of the case, which is Ramona Edery v Citibank, N.A., Case No. CGC 14-538436;
• Your full name, address, and telephone number;
• An explanation of the basis upon which you claim to be a Settlement Class Member;
• All grounds for the objection, accompanied by any legal support for the objection known to you or your counsel;
• The identity of all attorneys who represent you, including any former or current counsel, who may be entitled to compensation for any reason related to the objection to the settlement or fee application; and
• Your signature or your attorney’s signature, if you are represented by an attorney.

Mail your Objection to:
Rust Consulting
Citibank Class Action Settlement
PO Box 2474
Faribault, MN 55021-9174

10. What is the difference between objecting and asking to be excluded?

Answer:

Objecting is simply telling the Court that you do not like something about the settlement. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

11. Will the Defendant retaliate against me?

Answer:

No. Retaliation against class members for exercising their rights under a class action settlement is strictly prohibited by state and federal law.

12. What are the benefits of the settlement?

Answer:

Citibank has agreed to establish a Settlement Fund of $1,550,000.00.

13. How much will I receive?

Answer:

After the payment of Attorney’s fees and expenses, cost of noticing and administration of the Settlement, and the Service Award to the Plaintiff, it is estimated that a Settlement Class Member who submits a valid Claim Form may receive a cash award estimated to be between $350.00 and $2,500.00 but the amount of the payments will depend on the number of claims submitted by Settlement Class members.

14. When will I be paid?

Answer:

Individuals with valid claims will be paid after the Settlement receives final approval from the Court, and after appeals, if any, are resolved. This process may take a while. Please be patient.

15. Will my payment be taxable?

Answer:

If you have questions regarding the taxability of you award please contact your tax advisor.

16. Do I have a lawyer in the case?

Answer:

The Court has appointed a lawyer to represent you and others in the Settlement Class. Settlement Class Counsel is:

Anthony J. Orshansky, Esq
CounselOne, P.C.
Anthony@CounselOneGroup.com
9301 Wilshire Blvd., Suite 650
Beverly Hills, CA 90210

17. How will Class Counsel be paid?

Answer:

Class Counsel will file an application for attorneys' fees and expenses not to exceed $516,667.00 for attorneys' fees and no more than $15,000.00 for litigation expenses.

18. Who are the Class Representatives?

Answer:

The Court has appointed Plaintiff Ramona Edery as the Class Representative.

19. What will the Class Representatives receive?

Answer:

The Plaintiff will request an award of up to $3,000.000 for her service as Class Representative.

20. When and where will the Court decide whether to approve the Settlement?

Answer:

The Court will hold the Final Approval Hearing at 10:30 a.m. on August 26, 2016 in Dept. 305 of the California Superior Court, County of San Francisco, located at 400 McAllister St. San Francisco, CA 94102.

The hearing may be moved to a different date or time without additional notice.

At this hearing the Court will consider whether to approve payment to the Settlement Administrator for notice and administrative expenses, any request by Settlement Class Counsel for attorney’s fees and expenses, and a service award for Plaintiff.

If there are any objections, the Court will consider them at this time. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

21. Do I have to come to the hearing?

Answer:

No. You are not required to attend the Final Approval Hearing. Settlement Class Counsel will answer any questions the Court may have.

22. May I speak at the hearing?

Answer:

If you or your attorney wants to attend the Final Approval Hearing you and/or he/she may do so at your expense. If you submit a written Objection you may but do not have to come to Court to talk about it. As long as you submit your written Objection to the Settlement Administrator postmarked no later than July 28, 2016 the Court will consider it. (See Question 9 above for the full instructions on filing an objection.)

23. How do I get more information?

Answer:

The Notice contains a summary of the Class Action Litigation and the proposed Settlement Agreement.

You may also view or download the Settlement Agreement and related documents on this website.

You may also send your questions in writing to the Settlement Administrator:

Rust Consulting
Citibank Class Action Settlement
PO Box 2474
Faribault, MN 55021-9174

Disclaimer

Please do not contact either the Defendant or the Court about this Settlement. Any and all callers will be directed to this website. If you have questions, please refer to the Commonly Asked Questions and the other information posted here. This site is not operated by Plaintiff or the Defendant.

This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing.

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