CLEMENTS, ET AL. v. JPMORGAN CHASE BANK, ET AL.
Case No. 3:12-cv-02179-JCS
This class action lawsuit alleges that Defendants JPMorgan Chase Bank, N.A., for itself and as successor by merger to Chase Home Finance, LLC, and Chase Insurance Agency, Inc. (collectively, “JPMorgan”) violated the legal rights of its customers in the following ways: (a) by requiring customers to purchase excessive amounts of flood insurance coverage; (b) by receiving improper kickbacks in the form of commissions from its force-placed flood insurance vendors; and (c) by maintaining a practice of charging for backdated flood insurance policies for periods of time that already had expired and during which no loss occurred. JPMorgan denies that it has done anything unlawful, but has agreed to enter into a settlement agreement to resolve these allegations.
The Court has certified the following class for settlement purposes:
All persons in the United States who were charged by JPMorgan for lender-placed flood insurance (unless such charge was flat cancelled/refunded in full) in connection with a Closed-End Residential Mortgage during the time period from January 1, 2007 to July 31, 2012, excluding Defendants, their affiliates, subsidiaries, agents, board members, directors, officers, and employees (the “Settlement Class”). Closed-End Residential Mortgages do not include home equity lines of credit or home equity loans.
YOUR LEGAL RIGHTS AND OPTIONS
If you’re a class member and wish to participate in this settlement and simply receive the check to which you are entitled under the settlement, you do not need to do anything.
If you do not wish to participate in this settlement, in which case, you will not receive any check and you will not be bound by the release set forth above, then you must submit a written statement requesting exclusion from the settlement (“opt-out”) postmarked no later than April 28, 2014. Your written request for exclusion must contain your name, address, telephone number and email address, and be personally signed by you. No opt out request may be made on behalf of a group of Settlement Class Members. The opt-out request must be sent by mail to the Claims Administrator at Chase Flood Insurance Claims Administrator, P.O. Box 2004, Chanhassen, MN 55317-2004 and must be timely postmarked as set forth above. Any Settlement Class Member who requests exclusion from (opts out of) the settlement will not receive any money from the settlement and will not be bound by the Settlement Agreement or have any right to object, appeal or comment thereon.
If you wish to object to the settlement, you must mail a written statement of your objection to the Claims Administrator at Chase Flood Insurance Claims Administrator, P.O. Box 2004, Chanhassen, MN 55317-2004 postmarked no later than April, 28 2014. You must include the basis for your objection, as well as your name, address, telephone number, and email address, and the objection must be personally signed you. The postmark date of the mailing envelope is the exclusive means that will be used to determine whether an objection is timely submitted. Settlement Class Members who fail to make objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement Agreement.
- What if I have more questions?
- What happens if I do nothing at all?
- What’s the difference between objecting and requesting exclusion?
- How do I tell the Court if I don’t like the settlement?
- What if I wish to exclude myself from the class?
- What happens if the settlement is not approved by the Court?
- Order Granting Preliminary Approval
- Settlement Agreement
- Plaintiffs' Motion for Fees
- Carson Declaration Re Plaintiffs Motion for Fees
- Cebulash Declaration Re Plaintiffs Motion for Fees