Unless you exclude yourself, you will be part of the Settlement Class. The final Court order approving the Settlement will apply to you and legally bind you.
In short, you and all other Settlement Class Members fully release each of the Defendants, as well as specified others who are in some way connected to them, from all claims or legal actions that arise out of or are related to the Restitution Programs and that occurred on or before May 10, 2012.
If you want the right to sue any or all of the Defendants, you must exclude yourself from the Settlement Class in this case. If you exclude yourself, you will not be eligible to recover any benefits as a result of the settlement of the action.
The full releases are as follows. Please read these releases carefully, as they will be binding if the Settlement is approved and you do not exclude yourself from the Settlement:
Releases Given by Class Members
Upon the Effective Date, the Settlement Class Representatives and each and all Settlement Class Members and their past, present and future respective heirs, executors, administrators, representatives, agents, attorneys, spouses, partners, successors, predecessors in interest and assigns will be deemed to have fully released and forever discharged Defendants and each and all of their present, former and future direct and indirect parent companies, partnerships, entities, affiliates, subsidiaries, agents, principals (including without limitation district attorneys on whose behalf Diversion Programs were operated and their staff and affiliates), insurers, members, managers, successors, predecessors in interest, spouses, heirs, executors, administrators, representatives, attorneys, general partners, limited partners, and/or any persons or entities that may hold or have held any interest in the operation or ownership of any of the Defendants, and all of the aforementioneds’ respective officers, directors, employees, members, managers, attorneys, consultants, shareholders, general partners, limited partners, agents, vendors and assigns, from any and all rights, duties, obligations, claims, actions, causes of action or liabilities, whether arising under local, state or federal law, whether by Constitution, statute (including, but not limited to, the FDCPA, RICO, the UCL, the FCEUA or the UTPCPL), contract, common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, as of May 10, 2012 that arise out of or relate to the Diversion Programs or the acts, omissions, facts, matters, transactions or occurrences that were or could have been directly or indirectly alleged in the Actions(the “Released Claims”). It is understood and agreed that the Released Claims do not include (a) any of the claims against ACCS or the insurer of ACCS that are the subject of the action titled Joan Hrobuchack and Karen Maghran, on their own behalf and on behalf of all others similarly situated v. Federal Insurance Company, Civil Action No. 3:10-CV-481, pending in the United States District Court for the Middle District of Pennsylvania and (b) any claim with respect to conduct by the Defendants after May 10, 2012.
Without limiting the foregoing, the Released Claims specifically extend to claims that Settlement Class Representatives and Settlement Class Members do not know or suspect to exist in their favor at the time that the Agreement, and the releases contained therein, becomes effective. This paragraph constitutes a waiver by Settlement Class Representatives, and shall be deemed to be a waiver by all Settlement Class Members, of California Civil Code Section 1542 and any other similar statutes, laws or legal principles of any state. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Settlement Class Representatives understand and acknowledge, and all Settlement Class Members shall be deemed to understand and acknowledge, the significance of the waiver of California Civil Code Section 1542 and any other applicable law relating to limitations on releases. In connection with such waiver and relinquishment, Settlement Class Representatives and Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the settlement, but that it is their intention to release fully, finally and forever all Released Claims, and in furtherance of such intention, the release of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Releases Given by Defendants
Defendants hereby release and discharge, on behalf of themselves and their past, present and future administrators, representatives, agents, attorneys, partners, successors, predecessors in interest and assigns, the Settlement Class Representatives and Settlement Class Members from any and all rights, duties, obligations, claims, actions, causes of action or liabilities, whether arising under local, state or federal law, whether by Constitution, statute contract, common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, as of the Effective Date, that arise out of the non-payment by Settlement Class Members of any and all fees for the Diversion Programs.