HUMPHREY v. STORED VALUE CARDS, INC. (d/b/a NUMI FINANCIAL), et al. Settlement

This is a notice of a proposed Settlement of a class action lawsuit. Judge James Gwin of the United States District Court for the Northern District of Ohio is overseeing the lawsuit. The case is known as Amber Humphrey, on behalf of herself and all others similarly situated v. Stored Value Cards, Inc. d.b.a Numi Financial, et al, No. 1:18-cv-1050 (N.D. Ohio). The person who sued, Amber Humphrey, is called the "Plaintiff." Stored Value Cards, Inc. d/b/a Numi Financial (“NUMI”) and Republic Bank & Trust Company ("Republic") are the "Defendants".

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

The lawsuit challenges the placement of inmates' funds on pre-paid debit cards and the fees Defendants charged for use of the cards. The Plaintiff alleges that the fees Defendants charged were excessive and that cardholders did not consent to receive their funds on a pre-paid debit card or to pay fees to Defendants. The amended complaint in the lawsuit is posted on the Settlement website, www.NUMICARDSETTLEMENT.com.

Defendants deny any liability or wrongdoing but have agreed to settle the case to avoid the costs and risks of litigation.

In a class action, a person called a "Class Representative" sues on behalf of himself and other people with similar claims. In this case, the Class Representative is the Plaintiff, Amber Humphrey, a former inmate who received a pre-paid debit card. Together, all the people with similar claims (except those who exclude themselves) are members of a "Settlement Class" also called "Settlement Class Members".

While the Court granted Plaintiff’s Class Certification, it has not decided in favor of the Plaintiff or Defendants as to the merits of the case. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in this notice. The proposed Settlement does not mean that any law was broken or that Defendants did anything wrong. Defendants deny all legal claims in this case. The Class Representative and her lawyers think the proposed Settlement is best for everyone who is affected.

You are a member of the Settlement Class if you reside in the United States and received a pre-paid debit card from Defendants upon your release from a correctional facility.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, visit the Settlement website at www.NUMICARDSETTLEMENT.com or call the toll-free number, 1-800-620-5873. You may also send questions to the Settlement Administrator at Humphrey v. Stored Value Cards, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241-3369.

If the Settlement is approved and becomes final, it will provide benefits to Settlement Class Members. Defendants will pay up to a total of $550,000 to members of the Settlement Class that an award of attorneys' fees, costs, and expenses, plus a special service payment to the Class Representative who initiated the lawsuit (see Questions 5 and 27), in a total amount to be determined by the Court but not to exceed $265,000 and the costs associated with administering the Settlement.

Each Class Member who submits a valid claim form is entitled to a cash payment from which the Settlement Administrator shall deduct any attorney fees and costs, service payment and cost of Notice and Administration approved by the Court.

Settlement Class Members who submit valid claims will receive their payments by check issued by the Settlement Administrator, only after the Court grants final approval of the Settlement and after and appeals are resolved (see "The Final Approval Hearing" below). If there are appeals, resolving them can take time. Please be patient.

Unless you exclude yourself from the Settlement, you cannot sue, or bring a claim against Defendants about the issues in this case. Unless you exclude yourself, all of the decisions by the Court will bind you.  The Settlement Agreement is available at www.NUMICARDSETTLEMENT.com and describes the claims that you give up if you remain in the Settlement.

Upon the submission of a valid claim form, payments will be made by check issued by the Settlement Administrator.

You can submit a claim online or by mail. You can view and print a paper claim form at www.NUMICARDSETTLEMENT.com. You can also request that a claim form be mailed to you by calling 1-800-620-5873, by emailing your request to the Settlement Administrator at [email protected], or by writing to the Settlement Administrator: Humphrey v. Stored Value Cards, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241-3369.

If you submit a claim, you also must provide information supporting your  claim,  including  your  name,  mailing address, email address  (if  possible),  telephone  number, the  name of the correctional  facility  you  were  incarcerated in and/or your release date. The Settlement Administrator may require you to provide additional information.

Claims must be postmarked or uploaded to the website no later than September 29, 2020 and paper claims must be mailed to Humphrey v. Stored Value Cards, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241-3369.

After you submit your claim, the Settlement Administrator will analyze your claim to confirm whether you are entitled to a payment. If your application is incomplete or does not establish that you are entitled to a payment, the Settlement Administrator will notify you to correct any problems with your claim. If you do not respond by the date given by the Settlement Administrator, your claim will be denied.

The Settlement Agreement, available at www.NUMICARDSETTLEMENT.com, provides more detail on how claims will be decided.

To exclude yourself from the Settlement, you must send a letter or other written document by mail to the Settlement Administrator. Your request must include:

• Your name, address, telephone number, and account number;
• A statement that you want to be excluded from the settlement in Humphrey v. Stored Value Cards, No. 1:18-cv-1050 (N.D. Ohio); and
• Your signature.

You must mail your exclusion request, postmarked no later than September 29, 2020, to Humphrey v. Stored Value Cards, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241-3369. You cannot ask to be excluded on the phone, by email, or at the website.

No. Unless you exclude yourself, you give up the right to sue or bring an arbitration against Defendants for the claims that the Settlement resolves. You must exclude yourself from the Settlement Class in order to try to maintain your own lawsuit or arbitration.

No. You will not get a Settlement Payment if you exclude yourself from the Settlement.

The Court has appointed lawyers from the law firm O’Toole McLaughlin Dooley & Pecora, Co LPA. to represent all Settlement Class Members as "Settlement Class Counsel". They are:

Matthew A. Dooley

Ryan M. Gembala

Stephen M. Bosak, Jr.

O’Toole McLaughlin Dooley & Pecora Co LPA

5455Detroit Road

Sheffield Village, Ohio 44054

(440) 930-4001

You will not be charged for contacting these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel intend to request up to $250,000 for attorneys ' fees and reimbursement of the costs and expenses of prosecuting the class action. Class Counsel will also seek a special service award to be paid to the Class Representative in the amount of $15,000.  The fees and expenses awarded by the Court will be paid by out of the Settlement Funds. The Court will decide the amount to award.

If you are a member of the Settlement Class, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel's requests for fees and expenses, and/or the special service payment to the Class Representative. To object, you must submit a letter that includes the following:

• Your name, address, and telephone number;
• A statement saying that you object to the Settlement in Humphrey v. Stored Value Cards, No. 1:18-cv-1050 (N.D. Ohio);
• The reasons you object to the Settlement, along with any supporting materials; and
• Your signature.

You must mail your objection to the Clerk of Court for the Northern District of Ohio, Class Counsel, and Defense Counsel at the following address, and your objection must be postmarked by September 29, 2020:

Objecting is simply 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. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

The Court has scheduled a Final Approval Hearing on October 22, 2020 at 9:00 a.m. at the United States District Court for Northern District of Ohio, located at Carl B. Stokes U.S. Court House, 801 West Superior Avenue, Cleveland Ohio 44113. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the settlement website for updates. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request by Class Counsel for attorneys' fees, expenses, and a service payment to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

No. Settlement Class Counsel will answer questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper address, the Court will consider it. You may also pay your own lawyer to attend, but it' s not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must send a letter saying that you intend to appear and wish to be heard. Your Notice of Intention to Appear must include the following:

• Your name, address and telephone number;
• A statement that this is your " Notice of Intention to Appear " at the Final Approval Hearing for the Settlement in Humphrey v. Stored Value Cards, No. 1:18-cv-1050 (N.D. Ohio);
• The reasons you want to be heard;
• Copies of any papers, exhibits, or other evidence or information that you will present to the Court; and
• Your signature.

You must send copies of your Notice of Intention to Appear, postmarked by April 13, 2019, to:

United States District Court for Northern District of Ohio

Attention: Clerk of Courts

Carl B. Stokes U.S. Court House

801 West Superior Avenue

You cannot speak at the hearing if you exclude yourself from the Settlement.

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement at www.NUMICARDSETTLEMENT.com. You also may write with questions to the Settlement Administrator at Humphrey v. Stored Value Cards, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241-3369 or call the toll-free number, 1-800-620-5873, or contact Class Counsel.