Hackler v. Tolteca Enterprises, Inc. D/b/a Phoenix Recovery Group

Western District of Texas, txwd-5:2018-cv-00911

Exhibit 1

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NOTICE OF CLASS CERTIFICATION 1. This notice IS NOT A LAWSUIT AGAINST YOU, it is a Court approved notice to advise you that there is a lawsuit pending that may affect your rights. 2. For herself and others, Sadie Hackler sued Tolteca Enterprises, dba Phoenix Recovery Group (PRG), for violations to the Federal Fair Debt Collection Practices Act (FPCPA).The Court in the Western District of Texas, San Antonio Division has certified that the case against PRG may proceed as a class action and has granted summary judgment for the class as to PRG's liability on two FDCPA claims. 3. The Court has certified a class of persons to whom PRG sent a letter after August 31, 2017 that contained the words in bold below; PRG has identified you as a member of the class, because it says it sent to you a letter containing these phrases: "If you dispute the validity of this debt within 30 days from receipt of this notice, we will mail verification of the debt to you. If you do not dispute the validity of this debt within 30 days, from receipt of this notice, we will assume it is valid." and/or "Your balance may reflect a one-time agency collection fee." 4. The Court will exclude from the class any member who request exclusion. To exclude yourself from the class, you need to send a letter or email to the attorneys appointed as "Class Counsel" (not to the Court) and it must clearly and specifically request that you be excluded from the class. Your request for exclusion must be received by Class Counsel by no later than noon, CST on [DATE]. To send requests for exclusion or for answers to questions, write (don't call) Class Counsel at: William M. Clanton 926 Chulie Dr. San Antonio Texas, 78216 Bill@clantonlawoffice.com and/or Ben Bingham 319 Maverick Street San Antonio, Texas 78212 ben@binghamandlea.com and/or jennifer@binghamandlea.com 5. You may enter an appearance through your own attorney if you so desire. If you exclude yourself, you will need to pursue your claims by yourself or with your own attorney. If you exclude yourself from the class, Class Counsel cannot represent you. You may find a FDCPA attorney at the National Association of Consumer Advocates "Find an Attorney" tab on its website, or elsewhere. 6. If you do not exclude yourself from the class, any judgment entered by the Court in San Antonio will be binding upon you as a member of the class – you are in the class unless you "opt out", meaning that you requested to be excluded in the manner and by the time set out above. 7. This is not a notice of a settlement. It is simply notice that the Court has certified the class to pursue the FDCPA claims on which it has granted summary judgment for the class members. The case is: Sadie Hackler v. Tolteca Enterprises dba Phoenix Recovery Group Case No. 5:18-CV-00911-XR in the Western District of Texas, San Antonio Division