A Court authorized this notice because you had a right to know about the approved Settlement of this class action lawsuit, and about all of your options, before the Court decided whether to give Final Approval to the Settlement. This notice explains the lawsuit, the Settlement and your legal rights.
The U.S. District Court, Central District of California is overseeing this case. The case is known as Lisa Silveira v. M&T Bank, Case No. 2:19-cv-06958-ODW-KS, (the “Action”). The person who sued is called the “Plaintiff,” in this case that is Lisa Silveira. The Defendant is M&T Bank (“M&T”).
To view a copy of the notice, click here.Back To Top
A Settlement has been approved in a class action lawsuit that alleged that M&T charged borrowers Pay-to-Pay Fees to make mortgage payments online or by phone. The Action asserted that M&T’s practice of charging such fees, among other things, violated the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Practices Act, and breached the terms of the borrowers’ loan agreements. M&T denied the allegations asserted in the Action.Back To Top
In a class action, one or more people called class representatives (in this case, Plaintiff Lisa Silveira) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or “Settlement Class Members”. One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.Back To Top
The Court has not decided in favor of either the Plaintiff or M&T. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoided the costs and uncertainty of a trial, and Settlement Class Members will receive the benefits described in the Notice. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.Back To Top
The Settlement Class included all borrowers with a residential mortgage loan serviced by M&T from whom M&T collected a Pay-to-Pay Fee from the period of August 9, 2015, through May 6, 2021. Excluded from the Settlement Class is M&T Bank, its parents, subsidiaries, affiliates, officers and directors, all Settlement Class Members who made a timely election to be excluded, and all judges assigned to this litigation and their immediate family members.Back To Top
In the Settlement, M&T agreed to create a $3,325,000.00 Settlement Fund. Notice and Administrative Costs, Court-awarded Attorneys’ Fees and Expenses to Class Counsel, and Service Award to the Class Representative will be paid out of the Settlement Fund first. The remaining balance of the Settlement Fund (the “Net Settlement Fund”) will be distributed among the Class Representative and the Settlement Class Members who are not excluded from the class.
Allocations of the Settlement Fund will be calculated on a loan-by-loan basis, not a borrower-by-borrower basis, such that the settlement payment on any loan with more than one Settlement Class Member borrower shall be made payable jointly to all Settlement Class Member borrowers on that loan. For each loan within the Settlement Class, the Settlement Administrator shall allocate the amount of the Net Settlement Fund that represents the proportional amount of Pay-to-Pay Fees charged by M&T within the Class Period on that loan. By way of illustration, if you are a borrower on a loan that paid one percent of the total Pay-to-Pay Fees collected by M&T during the Class Period, you (and any co-borrower on the loan) will be allocated one percent of the Net Settlement Fund.
If there is any amount in the Settlement Fund that remains following the distribution of checks to Settlement Class Members as a result of checks being returned undeliverable or which are not cashed within 90 days, that amount will be distributed on a pro rata basis to Settlement Class Members who cashed their checks. If there is any amount in the Settlement Fund that remains following the secondary distribution, or there are not enough funds to make a secondary distribution economically feasible, then, with the Court’s approval, the remaining amount will be paid to a 501(c)(3) charitable organization that will be proposed by the Parties and approved by the Court.Back To Top
If you are in the Settlement Class, and did not exclude yourself from the Settlement Class, you will automatically receive payment, and you do not need to take any further action.
The Court held a Final Approval Hearing on September 27, 2021, and determined that the proposed Settlement should be approved. The final approval order the Court entered may be subject to appeal. If there are any such appeals, resolving them takes time. Payments to Settlement Class Members will only be made after the time for any appeals expires.
Payments to Settlement Class Members will be made in the form of a check, and all checks will expire and become void 90 days after they are issued. For good cause shown by the Settlement Class Member involved, however, the Settlement Administrator may reissue a check for up to an additional 90-day period following the original 90-day period.Back To Top
The Settlement has received final approval from the Court, and will be legally binding on all Settlement Class Members, including Settlement Class Members who objected. If you, or someone acting on your behalf, are currently litigating claims against M&T or other Released Parties that are the same as or similar to those addressed here, you will be barred from pursuing the claims released by the Settlement unless you validly opted out, as described above.
The full terms of the release, which binds all Settlement Class Members as to certain claims against M&T and certain affiliates and related entities (“Released Parties”), are set forth in the Settlement Agreement, which is on file with the Court, and which is available on the Important Documents page of this website. Unless you excluded yourself, you are part of the Settlement Class, and that means that any claims you have regarding Pay-to-Pay Fees you paid to M&T are fully and completely resolved, and that you cannot sue, continue to sue, or be part of any other lawsuit against M&T about M&T’s collection of Pay-to-Pay Fees. It also means that the Court’s Orders approving the Settlement and the judgment in this case apply to you and legally bind you.
If you wanted to keep the right to sue or continue to sue M&T, on your own, about M&T’s collection of Pay-to-Pay Fees, you had to exclude yourself from the Settlement Class in this case. If you excluded yourself, as set forth above, you will not receive any of the benefits of the Settlement, as described above.Back To Top
The deadline to exclude yourself to the Settlement has passed. If you wanted to exclude yourself from the Settlement, you had to send a written request for exclusion by U.S. mail postmarked no later than August 3, 2021.Back To Top
No. Unless you excluded yourself, you gave up the right to sue M&T for the claims that the Settlement resolves. You had to exclude yourself from this Settlement Class in order to try to pursue your own lawsuit.Back To Top
No. You will not receive a payment if you excluded yourself from the Settlement.Back To Top
The Court appointed Bailey & Glasser LLP and Tycko & Zavareei LLP to represent you and other Class Members in this Action and for purposes of this Settlement, and for no other purpose. These attorneys are called “Class Counsel.” You were not charged for these lawyers. If you wanted to be represented by your own layer in this case, you could have hired one at your own expense.Back To Top
Class Counsel asked the Court to award attorneys’ fees in an amount not to exceed twenty-five percent of the Settlement Fund, plus litigation costs and expenses. Class Counsel also requested Court approval of a Service Award to the Class Representative in the amount of $5,000. Class Counsel filed that request, along with all supporting documents, on July 21, 2021. The request and all supporting papers are available for your review on this website. The Court determined the appropriate amount of the attorneys’ fees and awards to be paid. The Settlement was not conditioned upon approval of any of the attorneys’ fees, costs, or service award amounts.
You were not required to make any payments to Class Counsel in this Action.Back To Top
The deadline to object to the Settlement has passed. If you wanted to object to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses, and/or Class Counsel’s request for a Service Award for the Class Representative, you had to send a written objection to the Court, Plaintiff’s Counsel, and Defense Counsel postmarked no later than August 3, 2021.Back To Top
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court held a Final Approval Hearing (“Fairness Hearing”) on September 27, 2021, at 1:30 p.m. at the United States District Court for the Central District of California, First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012 – Courtroom 5D, 5th Floor. At this hearing, the Court decided the Settlement is fair, reasonable and adequate. The Court also considered requests by Class Counsel for Attorneys’ Fees and Expenses and for Service Award for the Class Representative.
You could have participated in the Fairness Hearing with or without an attorney, but if you chose to be represented by an attorney, you had to do so at your own expense.
YOU DID NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT.Back To Top
No. Class Counsel answered any questions the Court had. But, you could have come at your own expense. If you submitted an objection, you did not have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper address and it complied with the requirements set forth previously, the Court will have considered it. You could have also paid your own lawyer to attend, but it was not necessary.Back To Top
Unless you excluded yourself, you are a Settlement Class Member, and that means that you will receive a payment and any claims you have regarding fees Pay-to-Pay Fees you paid to M&T are fully and completely resolved, and that you cannot sue, continue to sue, or be part of any other lawsuit against M&T about M&T’s collection of Pay-to-Pay Fees. It also means that the Court’s Orders approving the Settlement and the judgment in this case will apply to you and legally bind you.Back To Top
If you have questions regarding the Settlement, you may contact the Settlement Administrator at:
P.O. Box 3719
Portland, OR 97208-3719
You may also contact Class Counsel at:
Bailey & Glasser LLP
1055 Thomas Jefferson Street NW
Washington, DC 20007
Tycko & Zavareei LLP
1828 L Street, NW
Washington, DC 20036
You may also review the Court’s file during regular Court hours at:
U.S. District Court for the Central District of California
255 E. Temple Street
Los Angeles, CA 90012-3332
You may also view additional information, including the Settlement Agreement, and copies of other relevant documents and Court Orders, on the Documents pages of this website.
PLEASE DO NOT TELEPHONE THE COURT, THE JUDGE, OR THE CLERK OF THE COURT.Back To Top