NOTICE OF PROPOSED CLASS ACTION SETTLEMENT - capital one auto finance status

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
Langer, et al. v. Capital One Auto Finance, a division of Capital One, N.A.
No. 2:16-cv-06130-HB
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
You may be entitled to receive a settlement payment,
the extinguishment of disputed debt, and credit reporting relief
in connection with a class action against Capital One Auto Finance
A Federal Court has authorized this Notice.
This is not a solicitation from a lawyer.
This proposed settlement (the "Settlement"), if approved by the Court, will resolve a class action lawsuit
against Capital One Auto Finance, a division of Capital One, N.A. (the "Bank"), over whether the Bank
sent proper notices to borrowers of their rights after the Bank repossessed their motor vehicles ("Post-
Repossession Notices") and whether the Bank sent proper notices to borrowers of their rights after the
Bank sold the repossessed vehicles ("Post-Sale Notices").
The class action lawsuit, Langer, et al. v. Capital One Auto Finance, a division of Capital One, N.A., No.
2:16-cv-06130-HB (the "Lawsuit"), is pending before the United States District Court for the Eastern
District of Pennsylvania. The Bank denies and disputes the claims asserted in the Lawsuit. The Settlement
avoids the costs and risks to the parties associated with proceeding with the Lawsuit.
Under the Settlement the Bank will: (a) provide a gross settlement payment of $6,500,000.00 to be
distributed to class members after the payment of administrative costs, Class Counsel's legal fees and
costs, and incentive payments to the representative plaintiffs; (b) permanently extinguish the disputed
deficiency balances that the Bank claims are owed on the class members' auto loans with the Bank; (c)
refund payments that the class members made toward the claimed deficiency balances during the time
period after the Bank and the representative plaintiffs started negotiating this settlement; (d) request that
the credit reporting agencies delete the credit reporting trade lines associated with the class members' auto
loans with the Bank; and (e) vacate of any deficiency judgments. In exchange, the Bank will be released
from liability, except for narrowly-defined exceptions described in the Settlement Agreement. The
Settlement Agreement can be reviewed at www.AutoRepoSettlement.com, by reviewing the pleadings at
the federal courthouse in Philadelphia, or by requesting a copy from the Settlement Administrator or Class
Counsel.
You are receiving this Notice because you may be a class member for purposes of the Settlement.
Your rights may be affected whether or not you act in response to this Notice. Please read this
Notice carefully.
Why you have been sent this Notice
The Settlement is for two classes. According to the Bank's records, you are a member of one or both of
these classes, as indicated at the top of this page.
The relevant time period for the Settlement (the "Class Period") is from October 5, 2010 through the date
the Court finally approves the settlement.
Class 1 - the Post-Repossession Notice Class is defined as: All borrowers (i) who entered into an auto
loan for personal, family, or household purposes; (ii) whose motor vehicle was repossessed by the Bank;
(iii) whose mailing address at the time of the repossession, according to the Bank's business records, was
in Pennsylvania; and (iv) to whom the Bank sent a Post-Repossession Notice during the Class Period that
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stated a minimum redemption period of fewer than fifteen (15) days from the date of the Post-Repossession
Notice.
Class 2 - the Post-Sale Notice Class is defined as: All borrowers (i) who entered into an auto loan for
personal, family, or household purposes; (ii) whose motor vehicle was repossessed by the Bank; (iii) whose
motor vehicle was sold by the Bank during the Class Period; (iv) whose mailing address and/or whose co-
obligor's mailing address at the time of the sale of the vehicle, according to the Bank's business records,
was/were in Pennsylvania; and (v) to whom the Bank did not mail a separately addressed Post-Sale Notice
after the sale of the motor vehicle or to whose co-borrower on the auto loan the Bank did not mail a
separately addressed Post-Sale Notice after the sale of the motor vehicle.
Brief Summary of Settlement Benefits
The Settlement will provide several benefits to the class members.
Settlement Payments
Class 1: Members of Class 1 will receive an estimated net settlement payment of approximately $1,870
for auto loans with only one borrower, or $935 per co-borrower for auto loans with two co-borrowers. These
amounts are estimates, and the actual cash payments could be smaller or larger than the estimates. If
after your vehicle was repossessed you reinstated your loan, got your vehicle back, and have an
outstanding loan balance with the Bank, the Bank first will apply your settlement payment to the balance of
your auto loan and then pay the excess amount, if any, to you.
Class 2: Each member of Class 2 will receive an estimated net settlement payment of approximately $140.
This amount is an estimate, and the actual cash payments could be smaller or larger than the estimates.
Refund of Certain Deficiency Balance Payments
Both Classes: The Bank has agreed to refund to the class members any payments the class members
made toward their deficiency balances between April 24, 2017 and the date when the Court finally approves
the settlement. If after your vehicle was repossessed you reinstated your loan, got your vehicle back, and
have an outstanding loan balance with the Bank, the Bank will not refund the payments you made toward
the outstanding balance.
Compromised and Extinguished Deficiency Balances
Both Classes: The balance remaining on an auto loan after the financed vehicle is repossessed and sold
by a bank or financing company is called a "deficiency balance." In connection with the Settlement
Agreement, the Bank has agreed to compromise and permanently extinguish the disputed deficiency
balances the Bank claims are remaining on the auto loans of the members of Class 1 and Class 2, excluding
those class members whose vehicle was repossessed, reinstated their loan, and got their repossessed
vehicle back, and have an outstanding loan balance with the Bank. For those persons, the Bank is not
waiving the balance on their auto loan. If you are one of those class members, you are part of the
Reinstatement Sub-class. Please check above to determine which class you are in.
Request to Delete Credit Reporting
All Classes: The Bank has agreed to submit requests to the three major credit reporting agencies -
Experian, Equifax, and TransUnion - to delete the credit reporting related to the class members' auto loans.
Claims Preserved
Both Classes: You may have narrowly defined additional claims, as described in the Settlement
Agreement, which you may pursue against Capital One. There is no guarantee that you are eligible for
these narrowly defined additional claims or that the law will afford you any relief.
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Your Options
At this time, you are assumed to be a class member who is participating in the Settlement. Therefore, your
rights will be affected even if you do nothing. Please read this Notice carefully.
The following is a general summary of the actions you can take and the results of those actions. If you want
to have a detailed discussion regarding your specific situation or have other questions or concerns, you
may contact Class Counsel at 888-970-1014.
YOUR ACTION RESULT OF THAT ACTION
DO NOTHING You remain in the Settlement. If the Settlement is approved, you will receive
a settlement payment and the other benefits summarized above, and, in
exchange, you give up the right to sue the Bank for matters concerning your
auto loan and the repossession of your vehicle as set forth in the Settlement
Agreement, except for narrowly-defined exceptions described in the
Settlement Agreement. See, Section 14 below.
ASK TO BE EXCLUDED You are removed from the Settlement. You will not receive a settlement
payment or the other benefits summarized above. However, this is the only
option that allows you to pursue your own lawsuit or to participate in any
other lawsuit against the Bank concerning your auto loan or the repossession
of your vehicle.
The deadline for you to submit your request to be excluded is September 6,
2019, so you must act promptly.
OBJECT TO If you object to the Settlement, you are still in the Settlement, but you have
SETTLEMENT notified the Court in writing that you don't like the Settlement and why.
The deadline for you to submit an objection is September 6, 2019, so you
must act promptly.
OBJECT TO If you are a co-borrower, you may also object to the equal allocation between
ALLOCATION OF co-borrowers of the settlement payments and/or the refund of deficiency
SETTLEMENT AND payments. This is not the same as objecting to the Settlement.
REFUND PAYMENTS The deadline for you to submit an objection to the payment allocation is
(CO-BORROWERS September 6, 2019, so you must act promptly.
ONLY)
GO TO THE HEARING You are still in the Settlement and get the benefits of the Settlement, if
WHERE THE COURT approved by the Court. You do not need to attend the hearing to get the
CONSIDERS WHETHER benefits of the Settlement, but you are invited to attend and will be afforded
TO APPROVE THE an opportunity to speak in Court about the fairness of the Settlement (should
SETTLEMENT you choose to do so) or, if applicable, why any belatedly submitted objection
or request for exclusion should be considered.
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