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  • Writer's pictureWandro, Kanne, & Lalor, PC

NOTICE OF CLASS ACTION SETTLEMENT

NOTICE OF CLASS ACTION SETTLEMENT

 

IMPORTANT NOTICE TO CURRENT AND FORMER STUDENT OF LA’JAMES INTERNATIONAL COLLEGE AND LA’JAMES INTERNATIONAL COLLEGE OF HAIRSTYLING

 

A Proposed Settlement has been reached in a class action lawsuit against La’James College of Hairstyling, Inc. of Fort Dodge, d/b/a La’James International College, Lyndi, Ltd. d/b/a La’James International College; M&C Beauty School, Inc. d/b/a La’James College of Hairstyling, Inc. & La’James International College; Tiffany, Ltd. d/b/a La’James College of Hairstyling, Inc. & La’James International College; Travis, Ltd. d/b/a La’James College of Hairstyling, Inc. & La’James International College; and R&R Construction Co. d/b/a La’James College of Hairstyling, Inc. & La’James International College (the “Defendants”). If you are an individual who falls within the Class Definition, please review this Notice, as your rights may be affected.

 

YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT. READ THIS NOTICE CAREFULLY.


SCROLL TO THE BOTTOM OF THIS PAGE TO LOCATE THE CLAIM FORM

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT THE CLAIM FORM BY

FRIDAY, MARCH 29, 2024

This is the ONLY way to receive money from the Settlement.

 

EXCLUDE MYSELF BY FRIDAY, MARCH 29, 2024

If you want to pursue your own lawsuit you must write to Class Counsel and exclude yourself from the case. You will have no right to any of the money under the Settlement.

 

 

OBJECT TO THE SETTLEMENT BY FRIDAY, MARCH 29, 2024

Write and send copies to Class Counsel about why you do not like the Settlement. This information will be provided to the Court for its consideration. You can still be part of the Settlement and make a claim for funds from the Settlement, but you must also submit a Claim Form.

DO NOTHING

Class Members who do not submit Claim forms will give up their rights to be part of any other lawsuit relating to the Claims.

 

These rights and options – and the deadlines to exercise them – are explained in this Notice.

 

I.          SETTLEMENT CLASS DEFINITION

 

The Representative Plaintiff has filed this lawsuit and the Court has approved class certification for a group of people described as the following:

 

Named Plaintiffs Jenna Detmer, Riesha Tate, Samantha Bennett, Rachel Perez, and any other student who was enrolled in an academic program at an Iowa campus of LJIC from February 18, 2018 through May 31, 2023 (the “Time Period”) and during the Time Period both (a) received a disbursement of federal financial aid that created a credit balance; and (b) did not receive the credit balance payment by the 60th day after the start of the payment period in which the credit balance was created.

 

Any and all individuals who fall within this definition are considered Class Members for purposes of this lawsuit unless they exclude themselves under procedures described below.

 

II.        DESCRIPTION OF LAWSUIT

 

This Class Action is known as Detmer, et al v. La’James College of Hairstyling, et al., LACL147597 (Polk County, Iowa).

 

The Representative Plaintiffs for the class are Jenna Detmer, Samantha Bennett, Riesha Tate, and Rachel Perez. The Plaintiffs brought this lawsuit against the Defendants on behalf of specified current and former students of the Defendants. The Petition alleges that the Defendant violated the contractual agreements with the students with respect to the timely disbursement of student loan funds. Plaintiffs have sued the Defendant to recover compensatory and statutory damages. Plaintiff is also seeking attorneys’ fees, costs, and interest in this lawsuit. The defendants have resisted the lawsuit.  The class has been certified by the District Court for Polk County.

 

III.       THE PROPOSED SETTLEMENT

 

To avoid the cost, delay, and uncertainty of litigation, both parties agreed to a proposed settlement. The proposed settlement provides that the Defendant will pay an amount to each Class Member who submits a valid and timely claim. The amount paid to each such Class Member submitting a valid and timely claim will be $1,500.00, plus additional monetary compensation for the class representatives, subject to approval by the Court.  Additionally, Defendant agrees to forgive the outstanding institutional debt of all class members who submit valid and timely claim forms. Class Members who do not submit a timely and valid claim will not receive any part of the Settlement Amount and will not be eligible to have their debt forgiven.

 

In addition, Defendants agree to modify the Student Aid Credit Balance Acknowledgement Form provided to students to better inform students of the timing of the disbursements of credit balances and their recourse if they believe credit balances have been delayed.

 

In exchange for the Settlement Amount, Class Members agree to release the Defendant and other persons falling within the definition of Released Persons in the Settlement Agreement from liability for all claims identified in the release contained in the Settlement Agreement. If you wish to obtain a copy of the Settlement Agreement, you may send your request to:

 

WANDRO & ASSOCIATES, P.C.,

2015 Grand Ave., Ste. 102,

Des Moines, IA, 50312.

 

IV.       HOW TO PARTICIPATE IN THE SETTLEMENT

 

If you wish to share in the Settlement Amount, you must complete and submit the attached Claim Form no later than FRIDAY, MARCH 29, 2024 to:

 

WANDRO & ASSOCIATES, P.C.,

2015 Grand Ave., Ste. 102,

Des Moines, IA, 50312.

 

Once your claim is received, the information you provided about your enrollment as a student of the defendants will be verified with your student records. If it is determined that you have submitted a timely and valid claim, then you will receive your portion of the Settlement Amount after the Court has granted final approval to the Settlement.

 

V.         RIGHT TO EXCLUDE YOURSELF FROM CLASS SETTLEMENT

 

If you do not want to participate in the lawsuit then you must take steps to exclude yourself from the Class. If you decide to exclude yourself from the Class, then you will not be represented by Class Counsel.

 

To exclude yourself from the Settlement, you must send a letter or other written document, personally signed by you, saying that you want to be excluded from the Class. In addition to stating that you want to be excluded, be sure to include your name, address, telephone number, and the following statement:

 

I request to be excluded from the settlement in Detmer, et al v. La’James College of Hairstyling, et al., LACL147597 (Polk County, Iowa).  I affirm that I was enrolled as a student of the defendants between February 18, 2018 and the present.

 

You must mail your written request for exclusion POSTMARKED no later than FRIDAY, MARCH 29, 2024 to:

 

WANDRO & ASSOCIATES, P.C.,

2015 Grand Ave., Ste. 102,

Des Moines, IA, 50312.

 

You cannot exclude yourself by telephone, fax, or by e-mail.

 

If you ask to be excluded, you will not be eligible for any money from the Settlement, and you cannot object to the Settlement. You will not be bound by anything that happens in the lawsuit.

 

VI.       THE EFFECT OF NOT FILING A CLAIM AND NOT EXCLUDING YOURSELF

 

If you do nothing with respect to this Notice, then you will be considered a Class Member in this lawsuit, and you will be bound by the judgment of the Court on all issues, whether favorable or unfavorable. You will be bound by the releases contained in the Settlement Agreement. Because you chose not to file a claim, you will lose the right to participate in a share of the Settlement Fund.

 

VII.      YOUR RIGHT TO ENTER AN APPEARANCE IN THIS LAWSUIT

 

As a Settlement Class Member you have a right to make an appearance, either personally or through counsel, in this lawsuit. If you choose not to make an appearance and otherwise do not exclude yourself from this lawsuit, you will be represented by Class Counsel:

 

Eric Rothschild                                                                   Ben Arato

NATIONAL STUDENT LEGAL                                          Alison Kanne                         

DEFENSE NETWORK                                                       WANDRO & ASSOCIATES, P.C.        

1701 Rhode Island Ave., NW                                            2015 Grand Ave., Suite 102                  

Washington, D.C. 20036                                                   Des Moines, IA 50312                         

Telephone: 202-734-7495                                                  Telephone: 515-717-7455                    

                                                            Facsimile: 515-608-4645                     

eric@defendstudents.org                                                   barato@wandrolaw.com

                                                                                              akanne@wandrolaw.com         

                                                                                                           

VIII.    RIGHT TO OBJECT TO SETTLEMENT

 

If you are a Settlement Class Member and you do not exclude yourself, you can object to the Proposed Settlement if you do not like any part of it. You should give reasons in your objection why you think the Court should not approve the settlement. The Court will consider your views along with any legal support you provide. To object, you must send a written letter saying that you object to the settlement in Detmer, et al v. La’James College of Hairstyling, et al., LACL147597 (Polk County, Iowa).  Be sure to include your name, address, telephone number, your signature, and the date(s) during which you were enrolled at the defendants school(s), and the reasons why you object to the settlement. You or your attorney should appear at the hearing to be held at the time and date set for the hearing by the Court.

 

The objection must be mailed to the Clerk of Court and to Class Counsel, and be received no later than FRIDAY, MARCH 29, 2024.  Please send your objection to:

 

Clerk of Court

Attn: No. LACL134297

500 Mulberry St.

Des Moines, Iowa 50309

 

and

 

WANDRO & ASSOCIATES

2015 Grand Ave., Ste. 102

Des Moines, IA, 50312

 

You cannot object by telephone, fax, or e-mail.

 

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you remain a member of the Class. Excluding yourself is telling the Court that you do not want to be a part of the Class. If you exclude yourself, you cannot object to the Settlement, because the lawsuit no longer affects you, and you will not receive any benefits from the Settlement or be legally bound by it.

 

IX.       COURT’S FAIRNESS HEARING

 

The Court has scheduled a hearing at 8:30 AM on April 19,  2024 in Room 230 at the Polk County Courthouse, at 500 Mulberry St., Des Moines, Iowa 50309. At that hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate.  If you filed an objection, you or your attorney must be present at that hearing for the Court to consider it. You, or your attorney, may also speak at the hearing. After the hearing, the Court will decide whether to grant final approval of the settlement. You cannot speak at the hearing if you exclude yourself.

 

X.        QUESTIONS REGARDING THE SETTLEMENT

 

If you have questions regarding any information in this notice, please contact the Class Counsel at:

 

WANDRO & ASSOCIATES

2015 Grand Ave., Ste. 102

Des Moines, IA, 50312

PH: 515-717-7455

 

PLEASE DO NOT WRITE OR CALL THE COURT FOR INFORMATION.


THE CLAIM FORM AND CLASS NOTICE CAN BE DOWNLOADED BELOW:



Claim Form
.docx
Download DOCX • 23KB

Class notice
.docx
Download DOCX • 33KB

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