Frequently Asked Questions
- How do I get more information?
- Why did I get a Notice?
- What is the scope of the Class?
- What is CashCall’s position on the lawsuit?
- Has the Court decided who is right?
- Who is included in the Class?
- What happens if I do nothing at all?
- How do I exclude myself from the Class?
- Do I have a lawyer in this case?
- How do I get more information?
- Contact Plaintiff’s Counsel by email at yes@yesquire.com or call 1-866-576-4999.
- Write Plaintiff’s Counsel at one of the following addresses:
TopSteven M. Tindall
GIBBS LAW GROUP LLP
505 14th Street, Suite 1110
Oakland, CA 94612
Arthur D. Levy
LAW OFFICE OF ARTHUR D. LEVY
3950 Broadway, Suite 200
Oakland, CA 94611
- Why did I get a Notice?
CashCall’s records show that you borrowed money at some time from CashCall from August 1, 2005 through July 10, 2011. The Court has “certified” a Class in the lawsuit that may affect you. The lawsuit is called De La Torre v. CashCall, Inc., Case No. 19-CIV-01235, in the San Mateo County Superior Court. The judge will decide after the trial whether the claim being made against CashCall, on your behalf, is correct.
Top - What is the scope of the Class?
Plaintiff argues that CashCall’s $2,500 to $2,600 loans at interest rates of 90% or more are unconscionable and violate California Financial Code §22302, Civil Code § 1670.5, and California Business and Professions Code §17200. Plaintiff is seeking to recover all interest that members of the Class paid on these loans.
Top - What is CashCall’s position on the lawsuit?
CashCall contests Plaintiff’s claim and denies that it violated any law or has engaged in any wrongful conduct.
Top - Has the Court decided who is right?
No. The Court hasn’t decided whether Plaintiff or CashCall is correct. By certifying the Class and issuing this Notice, the Court is not suggesting that Plaintiff will win or lose this case. Plaintiff must prove his claim and the Class claims at a trial, which is currently scheduled for March 8, 2021.
Top - Who is included in the Class?
All individuals who, while residing in California, borrowed from $2,500 to $2,600 at interest rates of 90% or more from CashCall for personal, family or household use any time from August 1, 2005 through July 10, 2011.
Top - What happens if I do nothing at all?
By doing nothing you are remaining a member of the Class. If you stay in the Class and the Plaintiff obtains money or benefits, either as result of the trial or a settlement, you will be notified about how to receive a share. If you do nothing now, regardless of whether the Plaintiff wins or loses the trial, you will not be able to sue CashCall—as part of any other lawsuit—about the same legal claim that is the subject of this lawsuit. If you stay in this case, you will be legally bound by the orders and judgments the Court makes in this class action.
Top - How do I exclude myself from the Class?
To be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from the Class in De La Torre v. CashCall, Inc. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by August 29, 2020, to De La Torre v. CashCall, Inc. Class Administrator, c/o KCC Class Action Services, P.O. Box 43501, Providence, RI, 02940-3501. If you received a postcard notice postmarked August 7, 2020, your last day to opt out or exclude yourself is extended to September 21, 2020.
Top - Do I have a lawyer in this case?
The Court decided that Steven Tindall and Andre Mura, of Gibbs Law Group LLP, and several others are qualified to represent all Class Members in the lawsuit. If you remain in the Class, you do not need to hire your own lawyer, but you are free to do so. Plaintiff’s Counsel only represents the persons included in the definition of the certified Class in this lawsuit.
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