A Court authorized the notice to let you know about a proposed Settlement with KeyBank. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. The notice explains the lawsuit, the Settlement, and your legal rights.
Judge David Michael Byrn, of the Circuit Court of Jackson County, Missouri at Kansas City is overseeing this putative class action. The case is called Detter v. KeyBank, N.A. Case No. 1616-CV10036. The person who filed the lawsuit, Timothy Detter, is the Plaintiff. The company he sued, KeyBank, is the Defendant. You do not need to live in Missouri to get a payment under the Settlement.Top
A class action is a lawsuit in which one or more plaintiffs—in this case, Timothy Detter (the “Class Representative”)––sue on behalf of a group of people who are alleged to have similar claims. Together, this group is called a “class” and consists of “class members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.Top
The lawsuit alleges that KeyBank obtained a consumer report after a consumer had paid off a debt owed to KeyBank, which violated a federal law called the Fair Credit Reporting Act (“the Act”).
KeyBank denies these allegations and contends that it had a permissible purpose for obtaining all consumer reports and that, even if it lacked a permissible purpose for obtaining the consumer reports in question, it did not commit a willful violation of the Act. No court has decided who is right. The Parties are entering into the Settlement to avoid further time-consuming and expensive litigation. The Settlement is not an admission of wrongdoing by KeyBank. More information about the complaint filed in the lawsuit, and KeyBank’s answer, can be found in the Case Documents section of this Settlement Website.Top
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. This way, they can avoid the uncertainty and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later – if ever. The Class Representative and his attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members.Top
This Settlement includes 97,982 identified persons who were included in an inquiry to Equifax as a result of a computer coding error after the consumer had paid off debts owed to KeyBank (the “Class List").
If you meet the above definition, you are a Settlement Class Member, unless you request exclusion from the Settlement. Most persons within the Settlement Class will also receive a postcard summary of this notice in the mail.Top
Cash Payments to Settlement Class Members: KeyBank has agreed to create a $2,000,000 Settlement Fund, from which Settlement Class Members who submit valid and timely claims will receive a payment. To receive a payment, you must submit a valid claim before the June 7, 2019 deadline. The amount Settlement Class Members will receive will depend on the total number of valid claims received. If the number of valid claims is low, then the amount of individual payments will go up. But if the number of valid claims is high, then the amount of individual payments will go down.
All checks issued to Settlement Class Members will become void unless cashed within one hundred and eighty (180) days after the date of issuance.Top
If you want to receive a pro rata share of the Settlement, you must submit a Claim Form following the instructions on the Claim Form. You must sign the Claim Form (physically or electronically). The Claim Form must be postmarked or submitted through this Settlement Website no later than June 7, 2019.
Claim Forms will be checked against the Class List for the purposes of verifying the claim. If you are not on the Class List, you are not a Person within the Settlement Class.Top
The hearing to consider the fairness of the Settlement is scheduled for July 12, 2019. If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will be mailed a check. Please be patient and check this Settlement Website for any updates. All checks will expire and become void one hundred eighty (180) days after they are issued.Top
Yes, the Court has appointed lawyers Keith J. Keogh and Amy L. Wells of Keogh Law, Ltd. and A.J. Stecklein and Michael H. Rapp of Stecklein & Rapp Chartered, as the attorneys to represent you and other Settlement Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Timothy Detter to serve as the Class Representative. He is a Class Member like you. Class Counsel can be reached by calling 1-866-726-1092.Top
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you if you want someone other than Class Counsel to represent you.Top
Class Counsel will ask the Court for payment to them of their reasonable attorneys’ fees and reimbursable expenses and costs from the Settlement Fund, and will also request payment of an incentive award of $10,000 to the Class Representative. Class Counsel will petition the court for attorneys’ fees up to one-third of the Settlement Fund, not to exceed $666,666.67, plus reasonable expenses. The Court will determine the proper amount of any reasonable attorneys’ fees and reimbursable expenses and costs to award Class Counsel, and the proper amount of any incentive award to the Class Representative. The Court may award less than the amounts requested. Any money not awarded will stay in the Settlement Fund to pay Settlement Class Members who submit valid claims.
Class Counsel will file with the Court and post on the Settlement Website its request for attorneys’ fees and incentive award on June 25, 2019.Top
If you do nothing, you will receive no payment under the Settlement, but you will be in the Settlement Class. If the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, as well as the release to which the Settlement Class is agreeing. And, unless you exclude yourself, you will not be able to file a lawsuit or be part of any other lawsuit against KeyBank for the claims or legal issues being resolved by this Settlement.Top
If you submit a Claim Form, your membership in the Settlement Class is confirmed, and the Court approves the Settlement, you will receive a pro rata payment from the Settlement Fund and will be bound by the terms of the Settlement Agreement and Release, and all orders and judgments of the Court that apply to Settlement Class Members.Top
If you exclude yourself from the Settlement Class, you will receive no payment under the Settlement and you will not be in the Settlement Class. You will keep your right to start your own lawsuit against KeyBank on an individual basis for the legal claims like the ones made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Settlement Class and KeyBank in this class action or the release to which the Settlement Class is agreeing.Top
You can ask to be excluded from the Settlement. To do so, you must mail a request for exclusion, which must be postmarked on or before June 7, 2019. Your request for exclusion must be sent by first-class U.S. mail, addressed to the Settlement Administrator at:
Detter v. KeyBank Settlement Administrator
P.O. Box 404126
Louisville, KY 40233-4126
Your request must state your name, address, and that you want to opt out of the Settlement or otherwise do not want to participate in the Settlement.
If you do not validly and timely request exclusion, you will be a Settlement Class Member and be bound by the terms of the Agreement and by any related Court orders. The timeliness of request will be measured by the postmark date on the written request.
You cannot exclude yourself in any other way, such as on the phone or by email. You also cannot exclude any other persons within the Settlement Class, nor can other persons within the Settlement Class exclude you.Top
No. If you exclude yourself, you cannot submit a Claim Form to ask for a payment, nor can you object to the terms of the Settlement.Top
If you are in the Settlement Class, you can object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you will waive any objection and be forever foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement or the award of any attorneys’ fees and expenses and/or service award, whether by appeal or otherwise. You may not contest in any way the approval of the terms and conditions of the Settlement Agreement or the Court’s Order of Final Approval except by filing and serving written objections as set forth below.
If you wish to object to the Settlement, you must file a timely written statement of objection with the Clerk of Court and mail a copy of that objection to Class Counsel and Counsel for KeyBank at the following addresses:
|Class Counsel||KeyBank's Counsel|
Keith J. Keogh
Amy L. Wells
Keogh Law, Ltd.
55 W. Monroe St., Ste. 3390
Chicago, IL 60603
Michael H. Rapp
Stecklein & Rapp Chartered
748 Ann Avenue
Kansas City, KS 66101
Brian A. Troyer
Anthony J. Rospert
Thompson Hine LLP
3900 Key Center
127 Public Square
Cleveland, OH 44114
Mark A. Olthoff
Bradley R. Gardner
900 W. 48th Place, Suite 900
Kansas City, MO 64112
This mailing must be postmarked no later than June 3, 2019.
Any written objection must include:
(i) the case name and number, which is Detter v. KeyBank, N.A., Case No. 1616-CV10036 in Jackson County Missouri at Kansas City;
(ii) the basis for and an explanation of the objection;
(iii) your name, address, telephone number, and email address;
(iv) a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel; and in addition,
(v) any objection must be signed by you, as well as by your attorney if you have one.
If you file a request for exclusion from the Settlement, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement or the award of any attorneys’ fees and expenses and/or service award.
Filing a written objection in accordance with the terms of the Settlement Agreement is the only way you will be permitted to contest the approval of the Settlement or the Court’s Order of Final Approval. The filing of an objection does not guarantee that the Court will decline to approve the Settlement. The Court may overrule any objection filed and approve the Settlement.Top
Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
The Court will hold the Final Approval Hearing at 1:30 p.m. on July 12, 2019, before the Honorable David M. Bryn, at the Jackson County Courthouse, 415 E. 12th Street - 5th Floor, Kansas City, MO 64106. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, and adequate, and in the best interests of the Settlement Class. At the hearing, the Court will consider any objections that are filed by the deadline specified above, and hear arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website.Top
No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you file an objection, you do not have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer other than Class Counsel to attend on your behalf, but you do not have to.Top
Yes, if you do not exclude yourself from the Settlement Class. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection.Top
The notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, available on the Case Documents tab of this Settlement Website, contact Class Counsel at 1-866-726-1092, or visit the office of the Clerk of the Court for the Circuit Court of Jackson County, Missouri at Kansas City, Jackson County Courthouse, 415 E. 12th Street - 5th Floor, Kansas City, MO 64106.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR KEYBANK WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.Top