IMPORTANT UPDATE: Please be advised that on May 9, 2022 the Court entered an Order granting the Unopposed Motion for Final Approval of Class Action Settlement and Final Judgment.
What is this lawsuit about?
A settlement has been proposed in a class action lawsuit titled MacCartney, et al. v. Gordon, Aylworth & Tami, P.C. and Vision Investigative Service, LLC ("Action"). Gordon, Aylworth & Tami, P.C. ("GAT") is a debt collection law firm that sues consumers to collect debts owed to its clients. Vision Investigative Service, LLC ("Vision") is a company that was operated out of the same location as GAT, which GAT used to serve legal documents on consumers, including summons and complaints alleging that consumers owed debts to GAT’s clients.
In the lawsuit, Plaintiffs claimed, among other things, that GAT misrepresented its right and authority to collect a $45 service fee charged by its alter ego sister entity Vision in violation of the Fair Debt Collection Practices Act ("FDCPA"), Oregon’s Unlawful Trade Practices Act (“UTPA”), and Oregon’s Unlawful Debt Collection Practices Act ("OUDCPA"), and was unjustly enriched, thereby causing the plaintiffs and other similarly situated Class Members who paid the service costs actual damages and statutory damages provided by these consumer protection statutes. Defendants deny all allegations of wrongdoing and have asserted defenses in the Action. The proposed Settlement is not an admission of wrongdoing.
The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial as well as the risk that Defendants might prevail at a trial, and settlement benefits go to the Class Members. The Representative Plaintiffs and their attorneys think the Settlement is best for the Class Members.
If you are a Class Member, your legal rights are affected regardless of whether you do or do not act. Please read the Notice and this website carefully, including the documents listed in the Important Documents page.
What benefits are available?
As part of the Settlement, Defendants agree to fund a settlement fund comprised of $245 payments to each Class Member. That settlement fund will be distributed by the Class Administrator in accordance with the terms of the Settlement Agreement. If you are an eligible Class Member, you will receive a payment from the settlement fund if you remain in the Class.