The California Hotel & Lodging Association and Class Action Capital.

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Presentation transcript:

The California Hotel & Lodging Association and Class Action Capital

About Class Action Capital Class Action Capital is a leading provider of class action settlement claim management and monetization to the global corporate community. Launched in 2012, Class Action Capital has quickly gained traction to become the premiere provider of outsourced class action settlement claim management with over 4,500 corporate clients to date. Class Action Capital's value proposition, reputation and expertise has been recognized by companies of all sizes and in diverse industries. Class Action Capital is led by its CEO and founder, J.J. Thomas, Esq., a former class action attorney with unrivaled experience in class action settlements. The rest of the team is comprised of professionals with a diverse set of experiences across the marketing, financial, and legal sectors, delivering clients two primary services: claims management and claims monetization. Class Action Capital's pricing model is simple in that we work on a commission basis whereby we receive a percentage of the client's financial recovery and only receive our fee when our client recovers. THE BOTTOM LINE IS WE WORK TO MAXIMIZE EACH CLIENT'S RECOVERY FROM A SETTLEMENT OPPORTUNITY WHILE MINIMIZING A CLIENT'S TIME, USE OF INTERNAL RESOURCES AND THE RISK OF MISTAKE IF THE CLIENT WERE TO TAKE ON CLAIMS MANAGEMENT ON ITS OWN. Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

CAC and CH&LA  Class Action Capital is already successfully working with a very large number of hotels and restaurants across the country (including many CH&LA members) helping to recover substantial refunds on their behalf from a recent class action settlement opportunities totaling over $6Billion in cash to be paid to eligible claimants. We are excited to offer our services to the CH&LA members.  The Payment Card Settlement alleges that Visa and MasterCard violated the law by setting interchange fees (charged to businesses every time a customer pays with a Visa or MasterCard) and then made and enforced rules that prohibited merchants from steering customers to other payment methods, resulting in merchants paying excessive fees to accept for payment from customers Visa and MasterCard cards.  This settlement is highly relevant to the hospitality industry and Class Action Capital has already identified that many CH&LA members are very likely eligible to recover substantial refunds.  The ultimate goal for Class Action Capital is to establish an ongoing relationship whereby we educate, analyze, and, when interested, assist in filing or purchase of various class action settlements. This is the third settlement opportunity we have worked on this year with CH&LA. Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

Payment Card Settlement 1) What is this settlement about? This settlement resolves allegations over whether Visa, MasterCard, and their respective member banks violated the law by setting interchange fees (charged to businesses every time a customer pays with a Visa or MasterCard) and then made and enforced rules that prohibited merchants from steering customers to other payment methods, resulting in merchants paying excessive fees to accept for payment from customers Visa and MasterCard cards. 2) How much settlement money is available? Approximately $6 billion 3) Is your hotel eligible? Bottom line is companies that accepted Visa or MasterCard credit or debit cards for payment from customers anytime between are eligible to recover a share of the settlement funds. 4) What data does your company need to provide to CAC? Required: Company Legal Name, DBA(s), EIN(s), Location Addresses, Monthly or yearly (actual/estimated) Visa/MasterCard volume Helpful: Current and Past Payment Processing Vendor Names, Current and Past Merchant IDs with each vendor, Historical Monthly Processing Statements (December statement each year may have YTD summary, which, if so, is all we need for that entire year) 5) What is the current status of this settlement (as of April 2016)? The December 13, 2013 decision of the Court which approved the settlement is currently being appealed. Claim forms are not available at this time and will not be available until after all appeals are resolved. It is unknown how long the appeals process will take. The parties are currently waiting for the Second Circuit to issue a hearing date for the pending appeal. 6) Where can I find out more? Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

Payment Card Next Steps Option 1 - Traditional Claim Management Program Class Action Capital will work to monitor the current progress of the settlement, and thus claim, until the appeals process has been completed. After the appeals are resolved, we will monitor the settlement documents for the final claims process and documentation. Once a deadline is established and claim form documentation is available, we will handle the data collection, claim management and filing process, as well as any audits, to make sure that your company receives the full value of the claim owed to them. You do not need to choose a third party company to assist you to file a claim, but, by choosing Class Action Capital, you can ensure this is handled, no matter how long it takes, eliminate the need to use internal time and resources and minimize data collection and research, as well mitigate a risk of mistake if internally managing the claim. Our claim management program is simply a 25% contingency fee commission of your company’s recovery if, and when, we are able to secure one on your behalf. No upfront or guaranteed fees. The CAC claim management authorization form can be accessed via: Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

Payment Card Next Steps Option 2 - Claim Purchase Program (for those companies with $50million+ in annual revenue) Class Action Capital, can monetize your claim immediately by purchasing the rights to the claim. Meaning, after completion of due diligence upon readily available relevant payment processing data and purchase documentation, we would immediately pay you a non-recourse payment. Our company would then own the rights to the claim and assume the full management of the claim, as well as the risk of whether payout occurs, when it occurs and how much it will be. Some of the major benefits of immediately monetizing your claim are as follows: Eliminate Recovery Risk. Our purchase is non-recourse, so your company keeps the payment even if the underlying settlement is overturned due to appeal, or, if your claim is reduced or rejected. Immediate Liquidity. Class action settlement processes have taken years for claims to be paid, especially in circumstances of appeal as is this instant matter. Class Action Capital’s solution offers corporations the option to receive immediate payment, thereby removing the risk of if the claim will pay out, when it will pay out, and how much it will ultimately be worth. Reduced Workload. By monetizing your claim, we also assume the responsibility of managing the entire process moving forward. Therefore, in addition to the capital you receive, your team no longer has the burden of monitoring the case or managing the claim. In order for us to provide you with a specific offer price, we would, of course, require any readily available and verified data pertaining to historical Visa & MasterCard transactions. Class Action Capital is fully prepared to complete confidentiality terms with your company prior to you sending this information, as we hold our clients confidence with the utmost importance. Please contact if you are interested in learning more about our purchase Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

What we do Data retrieval & analysis We work with your company to efficiently identify any relevant available historical data both internally from the client and also from any potential external data sources. At that point, we analyze and organize the data and determine what, if any, missing pieces exist. We then work to plug in those holes with acceptable and defensible alternative data so as to best position a comprehensive claim, i.e., maximizing claim value. Claim preparation & filing After assisting clients in gathering all requisite data and documentation, we then use our domain knowledge and expertise to best position all available resources in preparing and timely filing a comprehensive claim. Claim & settlement tracking After preparing and filing a claim, along with any other requisite supporting information or documentation, we then continue to monitor (a) the settlement via court filings and communications with class counsel and the administrator and (b) each claim including trouble shooting issues and addressing the administrator's questions and concerns. Audit During the audit process, should you receive an audit request letter from the administrator we will prepare an acceptable and defensible audit response on your behalf and will handle the entire process of managing the claim audit and advocating for true claim value. Accounting Working directly with the claims administrator, we manage the receipt of the settlement funds to ensure timeliness and accuracy of the claim value and promptly issue your post-fee funds along with a transparent accounting statement for record-keeping purposes. Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

Next steps  For those interested in recovering your company’s share of the $6b+ in refunds and wish to hire CAC to manage the entire claims process, please see below next steps:  Complete online authorization form (should take 3-5 minutes)  or  Contact if you are interested in learning more about our purchase  For the Traditional Filing option, Class Action Capital's pricing model is simple, in that we work on a commission basis whereby we receive 25% of our client's financial recovery and only receive our fee when our client recovers. Once you sign up for our claim management service, we will immediately get to work building and preparing a comprehensive claim.  Our claim management authorization can be accessed above. The link also contains more detailed information on each settlement opportunity, as well as further info on Class Action Capital and our claim management services.  Immediately after completing the authorization form, you will receive a confirmation with a courtesy copy of your information provided  Client relationship manager will follow up to confirm info, answer any questions and discuss any data needs not already addressed.  CAC will begin the claim management process and continue to keep you updated Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at

Contact details Name – John Borley Tel – – Website – Class Action Capital's fee is a percentage of your financial recovery, as stated on the Service Agreement you sign. You do not have to hire a third-party claims consultant and are entitled to file your claim on your own without incurring any fee. Class Action Capital is not a law firm and does not give legal advice. Class Action Capital is not associated with the class administrator, the court, class counsel or any other official parties. *For the Payment Card Settlement only: Claim forms are not yet available. For more information, or to contact the class administrator or class counsel at no cost regarding the litigation, visit the official settlement website at