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Class Action Settlement for Eviction Attorneys’ Fees
The Notice is to inform you about rights you have regarding a proposed Class Action Settlement related to your tenancy at a Florida property managed by a Progress Residential, LLC (“Progress”) affiliated company. You are receiving the notice because, sometime during the four years prior to August 26, 2024 (the “Class Period”), you were assessed Eviction Attorneys’ Fees. A lawsuit has alleged that the assessment of those Eviction Attorneys’ Fees was wrongful. The parties to the lawsuit have agreed to a settlement, without any determination that any party engaged in wrongful conduct. You are a member of the proposed Settlement Classes and, unless you request to opt-out of the Settlement Class, you may be eligible to receive a payment. The terms of the settlement are set forth fully in the Settlement Agreement, which may be found on the "Important Court Documents" page of this website. This website tries to summarize the terms of the Settlement Agreement, but you should review carefully the Settlement Agreement, which controls any rights and obligations you may have.
LITIGATION SUMMARY: Plaintiffs filed this putative class action for alleged (i) violations of the Florida Consumer Collection Practices Act, Chapter 559, Florida Statutes (“FCCPA”); (ii) violations of the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Florida Statutes (“FDUTPA”); (iii) negligent misrepresentation; (iv) unjust enrichment; (v) declaratory judgment; and (vi) breach of contract arising out of assessment and/or collection of Eviction Attorney’s Fees. The parties agreed to settle these claims in a Class Action Settlement for the monetary and non-monetary benefits and releases set forth in the Settlement Agreement.
MONETARY BENEFITS: Members of the Paid Class, who ended their tenancy owing less to Progress than what they paid in Eviction Attorneys’ fees during their tenancy or are current tenants and owe less to Progress than what they paid in Eviction Attorneys’ Fees, shall receive a payment equal to seventy-five percent (75%) of the total Eviction Attorneys’ Fees paid during the Class Period. Members of the Balance Class, who paid Eviction Attorneys’ Fees to Progress and ended their tenancy owing more to Progress than what they paid in Eviction Attorneys’ Fees during their tenancy, shall receive a payment equal to 30% of the total Eviction Attorneys’ Fees paid during the Class Period. Members of the Attempted Collection Class, who were assessed Eviction Attorney’s Fees but did not pay them, shall receive a release of claims against them as defined in the Settlement Agreement.
ATTORNEYS’ FEES: Defendants separately agreed to pay Plaintiffs’ counsel $300,000 in attorney’s fees and costs.
WHAT ARE MY RIGHTS AND OPTIONS? You may either stay in the case or request to be excluded from it.
| OBJECTING TO THE SETTLEMENT | You may appear at the Final Fairness Hearing to be heard in opposition to the Settlement. The Court will hold a Final Fairness Hearing on January 11, 2027 at 9:30 am before the Honorable Jessica J Recksiedler to determine whether the proposed Settlement is fair, reasonable and adequate. You must submit a written objection by November 20, 2026. |
| PARTICIPATING IN CLASS AND SETTLEMENT | If you are eligible to receive the monetary benefits of this Settlement, you do not have to take any action. If and when the Settlement is finally approved by the Court, a Settlement payment calculated in accordance with the Settlement Agreement will be mailed to you at the same address as the Notice. If you are moving within the next 90 days, you can provide your new mailing address by email to [email protected] or by mail to Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241. |
| OPTING OUT OF CLASS AND SETTLEMENT | If you wish to be excluded you must send a written Request to Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241 no later than November 20, 2026, stating your name, address, and the following statement: “I request exclusion from the Settlement Class in Johnsten v. Progress Residential, Case No. 2024-CA-001692.” |