Starzynski v. Friedman, Wexler, Mitchell Wexler, and OSI Collection Services, Inc.
Starzynski v. Friedman and Wexler, Mitchell Wexler,
and OSI Collection Services, Inc.
CLASS ACTION SETTLEMENT INFORMATION
Welcome to the settlement information website for Strarzynski v. Friedman and Wexler, LLC, Mitchell Wexler, Esq. and OSI Collection Services, Inc. case. This website describes the case and the settlement between Plaintiff and Defendant.
We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:
Lance A. Raphael
The Consumer Advocacy Center, P.C.
180 West Washington, Suite 700
Chicago, Illinois 60602
(312) 782-5808
DO NOT CONTACT THE COURT FOR INFORMATION.
This case is currently pending in the United States District Court for the Northern District of Illinois as Case No. 07 C 1254.The judge is James Holderman. To see a copy of the complaint, click here.
The Plaintiff alleges that Defendant improperly took legal action against her by filing a Complaint on behalf of Capital one that contained a falsified affidavit, thus violating the Fair Debt Collection Practices Act.
Defendant denies the Plaintiffs claims of wrongdoing but has agreed to settle all claims against it to avoid the expense of continued legal proceedings. To see a copy of the Settlement Agreement, click here.
The Court has certified a class and preliminarily approved a class action settlement of this case. To see a copy of the Preliminary Approval Order, click here.
The links below provide information about who is a Class Member, the terms of the Settlement Agreement and how Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case.
All Potential Class Members:
To find out if you are a Class Member, click here.
If you do not want to be a class member (or receive any money from the Settlement Fund), click here.
If you want to object to the settlement of this case as a class action or to the terms of the Settlement Agreement, click here.
To see a copy of the Settlement Agreement, click here.
To see a copy of the Courts Preliminary Approval Order, click here.
Class Membership
All natural persons who were sued on behalf of Capital One by Defendants Friedman and Wexler, LLC and Mitchell Wexler with Complaints that contained an affidavit purporting to be signed by an employee of Capital One when in fact the affidavit was signed by an employee of OSI Collection Services, a servicing and collection agent of Capital One, between March 5, 2006 and March 5, 2007.
Opt-Out
If you wish to opt out from the class, you must send a letter to Class Counsel, The Consumer Advocacy Center, P.C. (see address above) containing the name and number of this case (Mary A. Starzynski v. Friedman and Wexler, Mitchell Wexler and OSI Collection Services, Inc., Case No. 07 C 1254) and stating that you wish to be excluded with words to the effect of “I WISH TO BE EXCLUDED FROM THE CLASS ACTION IN STARZYNSKI V. FRIEDMAN AND WEXLER, ET AL.” INCLUDE YOUR NAME AND CONTACT INFORMATION ON THE LETTER, NOT JUST THE ENVELOPE. MUST BE RECEIVED NO LATER THAN OCTOBER 3, 2008.
Objections
If you think the settlement or any of its terms is unfair, you may object to the settlement. To object, you must send a letter explaining your objection to: (1) Class Counsel, The Consumer Advocacy Center, P.C. (see address above), and (2) the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. Your letter must contain the name and number of this case (Mary A. Starzynski v. Friedman and Wexler, Mitchell Wexler and OSI Collection Services, Inc., Case No. 07 C 1254) by October 3, 2008. The memo must reference Case No. 07 C 1254. You must also send a copy of your objection to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602.