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In The AmerIcAn ArbITrATIon AssocIATIon
Laverne Jnes, Stacey Ness And Kerry Ness, Claimants
v.
Genus Credit Management Crpratin, et al.,Respondents.Case N.: 11
181 00295 05
LeGAL noTIce oF PenDencY oF cLAss ArbITrATIon
YourrIGhTs mAYbe AFFecTeD bYhow You resPonD orFAIL To resPonD To
ThIs noTIce.
IFYou enroLLeD In A DebT mAnAGemenT PLAn wITh Genus creDIT
mAnAGemenT, You
mAYbe A memberoFA cLAss AcTIon PenDInG In The AmerIcAn
ArbITrATIon AssocIATIon.
AnArbitrAtorhAsApprovedthisnotice. thisisnotA solicitAtionfromA
lAwyer.
This Notice Is Not An Expression O Any Opinion As To The Merits
O Any Claim Or Deense Asserted In The Arbitration
whAT Is The cAse AbouT?
Claimants Laverne Jones, Stacey Ness and Kerry Ness led an
arbitration action against Respondents Genus Credit Managment Corp.
(Genus), North Seattle Community College Foundation (NSCCF),
American Financial Solutions (AFS), InCharg
Institute o America, Inc., Amerix Corporation, 3C Inc.,
FreedomPoint Corp., FreedomPoint Financial Corp., Ascend OnCorp.
and Bernaldo Dancel. The Complaint alleges that Respondents were
directly or indirectly participating in debt ma
agement and/or credit counseling operations or were aliated with
companies who did so engage, and alleges violationo consumer
protection laws based on allegedly alse and misleading statements
about Debt Management Plans or Programs (DMPs) created, advertised,
administered or serviced by any o the Respondents, including the
DMP benets an
claims that DMPs improve credit, credit ratings, credit
histories or credit scores without providing required disclosureThe
arbitration seeks monetary and injunctive relie. Respondents
believe that they acted lawully at all times, deny tha
they violated any laws or did anything wrong and contend that
they are not liable to Claimants or the Class.
The name o the Arbitrator is Donald H. Green, Esq., an attorney
employed at the law rm o Pepper Hamilton LLP.
whYDID I GeT ThIs noTIce?
This Notice is to advise you that a Class has been certied as to
all o the above named Respondents. The Arbitrator ha
directed that you receive this Notice because you are a member o
the Class dened below.
who Is In The cLAss?On May 7, 2009, the Arbitrator certied a
class o persons with claims under the Credit Repair Organizations
Act, thRacketeer Infuenced and Corrupt Organizations Act, and the
Maryland Consumer Protection Act. The Class is dene
as ollows:
All persons in the United States and its territories who, within
the time allowed under the statutes o limitation
relevant to the claims certied above, enrolled in a Debt
Management Plan or similar program created, adver-tised,
administered or serviced by Respondents or any o them, or any
entity sharing common ownership with
any Respondent, provided those persons have entered into
contracts with arbitration provisions similar to orthe same as
those entered into by the named class representatives.
Some o the Respondents appealed the Arbitrators decision to
certiy the above class and have requested a ederal couto exclude
rom this arbitration claims under the Maryland Consumer Protection
Act. Depending on how the ederal cou
decides the issue, your rights under that claim may be
aected.
who rePresenTs The cLAss?
The Arbitrator designated the rms o G. Oliver Koppell &
Associates, Whalen & Tusa, P.C., and Jack Sando, Esq.
(collectively Class Counsel) to represent the Class. You will not
be charged by Class Counsel. The Arbitrator may award ClasCounsel a
ee rom a uture nancial recovery payable to the Class.
whAT Are mYLeGAL oPTIons AnD rIGhTs?
1. T D Nthing. I you want to remain in the Class, you do not
need to do anything at this time.I you do nothing, yowill continue
to be a member o the Class or the claims being prosecuted against
all Respondents, except that claimagainst NSCCF/AFS will be
dismissed and released i the Settlement discussed below is
approved. You will be bound b
the result o the arbitration, whether the result is avorable or
unavorable. Any judgment in this arbitration will appto you and
your rights may be aected.
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2. TStay In Arbitratin, But Nt Be Represented By Class Cunsel.
You can elect to be part o this arbitration, but nobe represented
by Class Counsel, and instead, either represent yoursel or have
your own lawyer represent you. I yo
choose this option, you will need to armatively enter an
appearance in the arbitration and you will be responsible opaying
your own lawyers ees and costs.
3. T Exclude Yurself Frm This Arbitratin. You have the option to
exclude yoursel rom this arbitration. I you excludyoursel rom the
arbitration, (a) you will not be bound by the result o this
arbitration against any Respondent, (b) yo
will not be eligible to participate in uture settlements or
judgments, and (c) you will retain any claims you may havagainst
all Respondents, regardless o the outcome o this arbitration.
To request exclusion, you must send a letter requesting to be
excluded rom the Entire Arbitration to the Administr
tor (address listed below). Requests fr exclusin must be mailed
by May 19, 2010 t be valid and must include yufull name, address,
and signature.
noTIce oFseTTLemenT wITh resPonDenT nsccF/AFs
On January 8, 2010, the Claimants on behal o the Class and
Respondent NSCCF and its division AFS, entered into a settlment
that, i approved by the Arbitrator, will result in the arbitration
being dismissed as to only those Respondents. Tharbitration would
continue as to all other Respondents. The terms o the proposed
settlement are contained in a Settl
ment Agreement, which is available at
www.jonesarbitrationsettlement.com. If yu received this Ntice by
e-mail r mayu are nt eligible t participate in the Settlement,
because Respndents recrds sh that yu did nt d busineith NSCCF/AFS.
I you believe you did do business with NSCCF/AFS, please notiy the
Administrator. Even though yoare not eligible to participate in the
settlement with NSCCF/AFS, you are still a member o the Class and
your claims in th
arbitration will continue against all non-settling
Respondents.
how cAn I obTAIn more InFormATIon?
For more inormation about this arbitration you may call the
Administrator toll-ree at (888) 308-4791, visit the Administr
tors website at www.jonesarbitrationsettlement.com, visit the
AAAs website at www.adr.org/sp.asp?id=29365, or contaClass Counsel.
Please d nt cntact the AAA r the Arbitratr.
whAT Is The ADmInIsTrATors mAILInG ADDress?
Exclusion requests and other questions should be mailed to the
Administrator at: Jones Arbitration Settlement, c/o StrategClaims
Services, 600 N. Jackson Street, Suite 3, Media, PA 19063.
Jones Arbitration Settlement
c/o Strategic Claims Services
600 N. Jackson Street, Suite 3Media, PA 19063
FIRST CLASS MAIL
U.S. POSTAGEPAID
PERMIT NO. 138
PHILADELPHIA, PA
FIRST CLASS MAIL
PLEASE FoRwARDIMPoRTANT LEGAL NoTICE
