Balboa Capital Corporation has been sued for allegedly sending facsimile advertisements between October 12, 2007 and November 23, 2011 that did not contain the required information to enable persons to opt out from receiving future fax advertisements in violation of federal and state law. The Court has not determined whether Balboa Capital did anything wrong or violated any laws. The parties have now reached a settlement of this action, which the Court has preliminarily approved.
In its Preliminary Settlement Approval Order, the Court has approved a settlement class of “all persons in the United States who, from October 12, 2007 through November 23, 2011, were sent or caused to be sent one or more fascimile advertisements by Defendant Balboa Capital Corporation, its employees, agents, vendors or contractors.”
If you believe that you are a settlement class member, you need to decide whether to file a claim form to share in the settlement proceeds; or to object to some part or all of the settlement; or to opt out of the settlement altogether; or to do nothing, in which case you will not be able to share in the settlement proceeds. If you want to file a Claim Form, object or opt out of the settlement, you must do so by February 4, 2014.
The Court has scheduled a hearing for March 21, 2014, at 2:30 p.m., to determine whether it should give final approval to the parties’ settlement as fair, reasonable and adequate to class members. The federal district court judge who will preside over that hearing is the Honorable Josephine L. Staton, and the location of that hearing will be Courtroom 10A, United States District Court, Central District of California, Southern Division, 411 West Fourth Street, Santa Ana, California 92701.
If you would like further information about this lawsuit, you should review the documents below and/or contact the Class Administrator toll-free at 800-414-4370.
• Deadline for submitting a claim to class settlement: February 4, 2014
• Deadline for objecting to class settlement: February 4, 2014
• Deadline for requesting exclusion from class settlement: February 4, 2014
• Court hearing regarding final approval of settlement: March 21, 2014, at 2:30 p.m.
Balboa Class Action
Tilghman & Co.
PO Box 11487
Birmingham, AL 35202-1487