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Class Action Lawsuits

4/8/2010
Chesley F. Crosbie, Q.C.
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Money Mart Settlement

These Money Mart guys are tough customers.  We have patterned the settlement in Atlantic Canada on the Ontario settlement outlined by Justice Perrell in Smith, but the numbers involved in Atlantic Canada are not nearly as large.

The biggest legal problem we faced is that customers of Money Mart sign arbitration agreements when they deal with Money Mart.  The question was open as to whether the courts here would enforce the arbitration clause and prevent the class action from proceeding.  The plaintiffs and their lawyers did not have this problem in Ontario.  Consequently our settlement contains a major concession based on the risk of losing the arbitration issue.  If we lost on the issue, then class members would get nothing at all. 

Money Mart has a lot of money to protect and they know how to protect it.  They hire the most talented and most expensive lawyers that money can buy.  This is true in Canada, and it is true in the United States where they have corporate headquarters.  When we negotiated with their lawyers in Philadelphia last summer, Money Mart was represented by the former chairman of a 600 lawyer firm in Philadelphia.  Believe me, these guys are litigious.

The benefit of this lawsuit is that class members will get something of value now, rather than the possibility of something of greater value years from now.  I think that is what our clients want.

The components of the settlement are outlined in our press release, and in news reports, and the full details are available in the Settlement Agreement.




14 Comments to "Money Mart Settlement"

The settlement involved credits for doing future business with Money Mart. It also involved debt forgiveness. If you do not want to do further business with Money Mart, and they are proposing to apply the credit against an accumulated debt, then that is what you should do. It would have been nice to obtain a cash component for those who did not want to use the credits by doing further business with Money Mart, however we were between a rock and a hard place with a court decision which said that Money Mart could insist on the arbitration provisions in the contract, and therefore the class action could be dismissed. The settlement we achieved was the best we could get in difficult circumstances.
Posted by Ches Crosbie on April 18, 2011 at 06:52 AM
just recieved a letter today saying that because of the class action suit I have 35.00 in credit and they would like me to say they can use my 35.00 to clear my 44.04 debt with them..... heres the thing I dont have a debt with them i did and i paid it to the collection agency at least a year ago.... i didnt know anything about the class action.... can someone please tell me what i am suppose to do?
Posted by jody on April 6, 2011 at 01:03 PM
Lots of people have received money from Money Mart on the basis of the settlement. See the Notice, and take action: http://www.chescrosbie.com/library/money-mart-settlement/
Posted by Ches Crosbie on March 31, 2011 at 11:14 AM
I called Money Mart on this and they told me that there was no cash compensation....That you would get 5.00 off each time you used their services again, I dont want to use their services again and wont...So, has anyone else heard differently than this, I called the toll free but they only referred me to local Money Mart in St Johns.
Posted by Debby on March 30, 2011 at 07:18 PM
Has anyone received any compensation on this yet?
Posted by me on March 29, 2011 at 01:00 PM
I wished to say that it’s nice to know that somebody discussed this as I had trouble finding the same info elsewhere. This was the only web site that gave me the information. Thank you.
Posted by payday advance on March 26, 2011 at 10:49 PM
Refer to notice:
http://www.chescrosbie.com/library/money-mart-settlement/
Posted by Ches Crosbie on March 9, 2011 at 08:03 AM
When will this money be given out and when will we find out how much will it be?
Posted by Lesley Nicholson on March 8, 2011 at 09:54 PM
There should be information at any Money Mart store about how to make a claim or you can call 866-504-7237. Otherwise see the Settlement Agreement or Notice posted under the Library section of my website.
Posted by Ches Crosbie on July 19, 2010 at 10:25 AM
Hi There,
I am just wondering if there has been any developments on the part of the Money Mart settlement for Atlantic Canada.
Thanks!
Posted by Roger on July 15, 2010 at 05:53 AM
The toll free number is now in operation. The number is 866-504-7237. You do not need a lawyer to apply for the compensation. You should be able to do it through the toll free number or at any Money Mart office.
Posted by Ches Crosbie on June 9, 2010 at 12:57 PM
Money Mart told me today that I should have already had contact from a Lawyer, is this true? Cause I have not heard from anyone....

Do I need to call anyone about the settlement or will someone contact me....if so when? Is there a 1-800 # anywhere, I cannot find it...
Posted by Rather Not Tell on June 9, 2010 at 10:42 AM
Settlement compensation in this class action is individualized, in the sense that individual debts will be forgiven, and for those who qualify for transaction credits, the transaction credits are prorated calculated on the total of the customer’s cheque cashing fees on eligible fast cash advance transactions. This is further detailed in the Notice of the Approval Hearing (which can be found under Library). Class members who do not have a debt forgiven will also be entitled to a prorated portion of the cash credit, which after proposed legal fees will be $50,000. $50,000 is not much to be spread over thousands of Money Mart customers, so this will individually be a small item. As explained, Newfoundland and Labrador has no legislation protecting consumers from arbitration clauses which would prevent class proceedings, so the settlement has had to take into account the substantial risk of the case being thrown out on the arbitration clause argument.
Posted by Ches Crosbie on April 22, 2010 at 12:44 PM
I was just wondering how the monies will be divided...Is it based on your indivual amount you spent at Money Mart ( or pecentage of interest) or is it just a division among all claimants....Thank you
Posted by Deborah Gearin on April 15, 2010 at 09:48 PM

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