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Weber v. North Shore Agency, Inc

This Notice advises you of the proposed settlement of a class action lawsuit. In the suit, Samuel Weber (“Plaintiff”) alleged that collection letters mailed by North Shore Agency (“NSA”) on behalf of Prentice Hall Direct, Inc., and its predecessor companies, (collectively, “Defendants”), violated the Fair Debt Collection Practice Act (“FDCPA”).

Defendants deny they violated any law or did anything wrong. This notice is not an admission by Defendants or a finding by the Court that the claims asserted by Plaintiff in this case are valid. However, to avoid the further expense and risks of litigation, the parties have agreed to a proposed settlement.

Although the Court has made no findings as to the merits of the case, it has ruled that the case may go forward as a class action on behalf of all consumers who satisfy the following criteria: (a) they were sent a document purporting to emanate from NSA seeking payment on a debt owed to Prentice Hall Direct, Inc., and its predecessor companies; (b) on or after March 21, 1996 up to December 14, 1998; (c) which was not returned by U.S. mail.

This notice informs you of your legal rights and how to make a claim if you are a member of the class. Plaintiff and defendants have agreed to a settlement. The attorneys for the class believe that this settlement is fair, reasonable and in the best interests of the class members. The terms of the settlement are:

Prentice Hall Direct, Inc. will distribute coupons to class members to be used for the pre-paid purchase of books from Prentice Hall Direct, Inc. The aggregate amount of the coupons is $280,000. Each “qualifying class member” will receive a distribution of a twenty-dollar ($20) coupon which will have a cash value of three dollars ($3). A “qualifying class member” is any person who: (1) fits the definition of a class member; and (2) timely submits a written request to be included in the class / statement that they are part of the class. Under the settlement agreement, the defendants also will pay Mr. Weber, the named plaintiff, $1,000, plus a coupon, in settlement of his claims and for serving as class representative. Defendants will pay to class counsel attorneys’ fees and expenses not to exceed $30,000. The parties will exchange releases.

IF YOU WISH TO PARTICIPATE IN THE SETTLEMENT, you must write to the claims administrator at:

Weber v. Goodman Claims Processor Marie Blayer Pearson Education, Inc. – Prentice Hall Direct, Inc. 1 Lake Street – Room 2C10 Upper Saddle River, NJ 07458

THIS REQUEST MUST BE POST-MARKED BY NO LATER THAN APRIL 9, 2001. Your request to participate in the settlement should contain: (1) a statement such as “I attest under penalty of perjury that I am part of the class in Weber v. Goodman, and wish to participate in the settlement” and (2) your signature. You must also include your name and address or other contact information.

IF YOU OBJECT TO THE SETTLEMENT BUT YOU DO NOT WISH TO EXCLUDE YOURSELF FROM THE CLASS ACTION, you must file a written objection stating the grounds for your objection, together with all briefs and other papers in support of the objection, with (1) the Clerk of the Court, United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201; and (2) Edelman, Combs & Latturner, ATTN: AMB, 120 S. LaSalle St., Ste. 1800, Chicago, IL 60603. SUCH OBJECTIONS MUST BE POST-MARKED NO LATER THAN APRIL 9, 2001.

IF YOU WISH TO EXCLUDE YOURSELF FROM THIS SETTLEMENT, you must notify (1) the Clerk of the Court, United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201; and (2) Edelman, Combs & Latturner, ATTN: AMB, 120 S. LaSalle St., Ste. 1800, Chicago, IL 60603. SUCH EXCLUSIONS MUST BE POST-MARKED NO LATER THAN APRIL 9, 2001.

THE HEARING TO DETERMINE THE FAIRNESS OF THE SETTLEMENT will be on APRIL 24, 2001 at 4:30 p.m. in the U.S. Dist. Court, Eastern Dist. of NY, at 225 Cadman Plaza East, Courtroom 2, Brooklyn, NY 11201.

AVAILABILITY OF FILED PLEADINGS

This description of the case and the Settlement is general. All papers filed in this case, including the full Settlement Agreement, are available for you to inspect and copy (at your cost) at the office of the Clerk of the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201, during regular business hours.

DO NOT TELEPHONE THE COURT OR THE CLERK OF THE COURT.

To obtain further information, contact the attorneys for plaintiff and the class:

Adam J. Fishbein, Esq. OR Cathleen M. Combs, Esq. 165 EAB Plaza Anne M. Burton, Esq. West Tower, Sixth Floor EDELMAN, COMBS & LATTURNER Uniondale, New York 11556-0165 120 South LaSalle Street, 18th Floor (516) 522-2626 Chicago, Illinois 60603 (312) 917-4504 (312) 419-0379 (FAX)

If the settlement is not approved, the case will proceed as if no settlement had been attempted. In that event, defendants retain the right to contest whether this case should continue to be maintained as a class action and to contest the merits of the claims being asserted against it in this action. There can be no assurance that if the settlement is not approved, the class will recover more than is provided in the settlement, or indeed, anything.

Dated: March 13, 2001.