Direct Express Class Action

Almon, et al. v. Conduent State & Local Solutions, Inc.

Frequently Asked Questions

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A court ordered that the Notice be provided because you have a right to know about the proposed Settlement of this class action lawsuit and its effect on you.  The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Xavier Rodriguez, of the United States District Court for the Western District of Texas, is overseeing this case, Almon, et al. v. Conduent State & Local Solutions, Inc., Case No. 5:19-cv-01075-XR (W.D. Tex.). The persons who sued – Joe Almon, Jon Carnley, Cynthia Clark, Jackie Densmore, Jennifer Kreegar, Harold McPhail, JB Simms, and Kenneth Tillman – are the Plaintiffs.  Conduent State & Local Solutions, Inc. (incorrectly named as Conduent Business Services, LLC) (“Conduent”), Comerica Bank, and Comerica, Inc. (collectively “Comerica”), are the Defendants.

The Action claims that Conduent and Comerica improperly handled claims of fraud made by Direct Express cardholders in violation of certain provisions of the Electronic Funds Transfer Act (15 U.S.C. § 1693f) and Regulation E (“12 C.F.R. § 1005.11”).  You can review the operative complaint here.  Conduent and Comerica deny that they engaged in any wrongdoing.  Conduent and Comerica maintain that they properly addressed the alleged fraud claims and complied in all respects with the law.  The Court has not decided which side is right.

In a class action, one or more Plaintiffs sue on behalf of themselves and other people with similar claims.  Together, all the people with similar claims are Class Members.

The Court has not decided in favor of either Plaintiffs or Conduent and Comerica (together, the “Parties”).  Instead, the Parties have agreed to a Settlement.  In doing so, the Parties avoid the costs and uncertainty of litigation and a trial, and Class Members (except those who exclude themselves) are eligible to receive the benefits described in the Notice.

The proposed Settlement does not necessarily mean that any law was broken or that Conduent or Comerica did anything wrong.  Defendants deny all claims in this case.  The Class Representative and their lawyers believe the proposed Settlement is in the best interests of Class Members.

If you received Notice of the Settlement from a postcard or email addressed to you, then the Parties believe you may be in the Class.  

You are a member of the Class if you are a current or former holder of a Direct Express debit card account that, between February 12, 2018 and September 28, 2022 (“Class Period”), submitted one or more claims of allegedly fraudulent transactions that were denied by Defendants.

Even if you did not receive a postcard or email with Notice of the Settlement, you may still be a member of the Class described above.  If you did not receive a postcard or email addressed to you but you believe you are in the Class defined above, you may contact the Settlement Administrator. 

If you are not sure whether you are in the Class, or have any other questions about the Settlement, call the toll-free telephone number, (833) 425-9800.  You may also send questions to the Settlement Administrator at Almon, et al. v. Conduent State & Local Solutions, Inc., c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.  Please do not contact the Defendants.  They cannot assist you in determining whether you are in the Class.

If the Court approves the Settlement and it becomes final, Conduent and Comerica will provide one million two hundred thousand dollars ($1,200,000) (“Settlement Amount”) to the Class Members, which includes money for (a) payments to Class Members who file a claim, and (b) Service Awards to the Plaintiffs.  Conduent and Comerica have also agreed to separately pay for Settlement administration costs and attorneys’ fees, costs, and expenses.

You must submit a Claim to obtain payment.  Class Members who submit a valid claim will receive a payment either by check to the address provided on the Claim Form, or electronic payment, for their pro rata portion of the Settlement Amount.  For owners of jointly-held accounts, only one claim will be approved with respect to each account, and the claim will bind all joint account holders.  Once the Court approves the Settlement, your claim will be reviewed and, if approved, you will receive a payment.  The Claim Form is available here.  Claim Forms must be postmarked or submitted electronically on this website no later than September 12, 2024.

Please contact the Settlement Administrator in case of any address changes to ensure you will receive a payment.

The Settlement Administrator will review your claim after you submit it.  If your claim is incomplete or does not establish that you are entitled to a payment, the Settlement Administrator will notify you to correct any problems with your claim.  If you do not correct the problems, your claim will be denied.  

Submission of a Claim Form does not guarantee a payment under the Settlement, any claim is subject to confirmation by the Settlement Administrator, and the amount distributed to each Settlement Class Member who does not opt out is governed by the Settlement Agreement, which is available here. 

If you are a Class Member and your claim is rejected, you will not receive any payment and you will release your claims against Defendants.  If your claim is rejected because it is determined that you are not a Class Member, you will not receive any payment and any claims you may have against Defendants will not be released.

If the Court approves the Settlement and it becomes final, and you do not exclude yourself from the Settlement (see FAQ 12 to 14), then a payment will be made to each Class Member who submitted an approved Claim via the selected method (check mailed to the address provided on the Claim Form, or form of electronic payment). 

Payments will be sent only after the Court grants Final Approval of the Settlement and after any appeals are resolved (see FAQ 19 below).  If there are appeals, resolving them can take time.  Please be patient.

If the Settlement receives Final Approval from the Court, every Class Member who has not been excluded from the Settlement Class, each on behalf of himself, herself, or itself, and on behalf of his, her, or its respective heirs, executors, assigns, beneficiaries, predecessors, and successors, and any person or entity claiming under them (collectively, “Releasing Parties”), of and from any and all liabilities, rights, claims, actions, causes of action, demands, damages, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, (i) that were or could have been alleged or asserted in the Action or (ii) that result from, arise out of, or relate in any way to the contention that Defendants did not fairly respond to, address, or resolve a claim that any Direct Express transaction was unauthorized, fraudulent, or inappropriate in any way.  Further, each of the Releasing Parties agrees to be bound by this Agreement, including by the releases contained herein, without regard to subsequent discovery of different or additional facts or subsequent changes in the law.  Each Class Member who is not excluded from the Class will also be bound by all of the decisions by the Court.

Section X of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available here. 

If you don’t want benefits from the Settlement, and you want to keep the right to sue Conduent and Comerica on your own about the claims in this case or any other Released Claims, then you must take steps to opt out of the Settlement.  This is called excluding yourself – or it is sometimes referred to as “opting out” of the Settlement.

To exclude yourself from the Settlement, you must submit a statement with the following information:

  • Your full name, address, and last four digits of your Direct Express Debit Card number;
  • A statement that you want to be excluded from the Settlement in this Action (Almon, et al. v. Conduent State & Local Solutions, Inc., Case No. 5:19-cv-01075-XR (W.D. Tex.)), and that you understand you will receive no money from the Settlement;
  • The identity of the counsel representing you in this Action, if any; and
  • Your signature and the date on which the request to be excluded was signed.
You must mail your exclusion request, postmarked no later than August 13, 2024, to:
Almon, et al. v. Conduent State & Local Solutions, Inc.
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

If any owner of a jointly-held account submits a statement excluding himself or herself from the Settlement, such a statement will exclude all other joint owners of the account from the Settlement.

No.  If you do not exclude yourself, you will give up the right to sue Defendants for the claims that the Settlement resolves.  You must exclude yourself from the Class if you want to pursue your own lawsuit.

No. You will not receive a payment if you exclude yourself from the Settlement.

The Court has appointed lawyers as “Class Counsel” to represent you and others in the Class:

E. Adam Webb
G. Franklin Lemond, Jr. 
WEBB, KLASE & LEMOND, LLC 
1900 The Exchange, SE, Suite 480 
Atlanta, GA 30339

Allen Vaught
Vaught Firm, LLC 
1910 Pacific Avenue, Suite 9150 
Dallas, Texas 75201

Class Counsel will represent you and others in the Class.  You will not be charged for these counsel.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel intend to request attorneys’ fees of up to Eight Hundred Seventy-Two Thousand Four Hundred Twenty-Five Dollars and Fifty Cents ($872,425.50), and the reimbursement of reasonable costs and expenses of up to the agreed upon amount of Twenty-Nine Thousand One Hundred Fifty-Seven Dollars and Seventh-Eight Cents ($29,157.78).  Any award of attorneys’ fees, costs, and expenses to Class Counsel shall be paid by Defendants separate, apart, and in addition to the Settlement Fund and the costs of notice and administration.  Class Counsel will file their motion seeking attorneys’ fees, costs, and expenses by July 15, 2024.  That motion will be available here.  The Court will review Class Counsel’s request and determine the amount of fees, costs, and expenses to award.

Class Counsel will also request Service Awards of up to $2,000 for Joe Almon, Jon Carnley, Cynthia Clark, Jackie Densmore, Jennifer Kreegar, Harold McPhail, and Kenneth Tillman, to be paid out of the Settlement Fund Account, for their service bringing this action for the benefit of the entire Class.

You can tell the Court that you do not agree with the Settlement or some part of it.

If you are a Class Member, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s request for attorneys’ fees, costs, and expenses, and/or Class Counsel’s requests for Service Awards for the Plaintiffs.  To object, you must submit a letter to each of the following addresses:

The Court
Clerk of the Court
U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
262 West Nueva Street 
Room 1-400
San Antonio, TX 78207

Counsel for Defendants
Jonathan R. Chally, Esq. 
COUNSEL, GUNNEMANN & CHALLY, LLC
75 Fourteenth Street, Suite 2475
Atlanta, GA 30309

Class Counsel
E. Adam Webb
G. Franklin Lemond, Jr. 
WEBB, KLASE & LEMOND, LLC 
1900 The Exchange, SE
Suite 480 
Atlanta, GA 30339

Your objection must be mailed with first-class postage prepaid and be postmarked on or before August 13, 2024, and must include:

  • The name of this Action (Almon, et al. v. State & Local Solutions, Inc., Case No. 5:19-cv-01075-XR (W.D. Tex.));
  • Your full name, address, e-mail address, and telephone number;
  • An explanation of the basis upon which you claim to be a Class Member;
  • A statement of whether your objection applies only to you, to a specific part of the class, or to the entire class;
  • All grounds for the objection, accompanied by any legal support for the objection known to you or your counsel
  • The number of times you have objected to a class action settlement in the past five (5) years, including the caption of each case in which you made such objection and a copy of any orders related to or ruling on your prior objections in each case;
  • The identity of all counsel who represent you in this matter, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
  • If applicable, the number of times your counsel or your counsel’s law firm have objected to a class action settlement in the past five (5) years, including the caption of each case in which such an objection was made and a copy of any orders related to or ruling on such prior objections in each case;
  • The identity of all counsel representing you who will appear at the Final Approval Hearing, if any;
  • A list of any persons you or your counsel will call to testify at the Final Approval Hearing, if any;
  • A statement confirming whether you intend to personally appear or testify at the Final Approval Hearing; and
  • Your signature (an attorney’s signature is not sufficient).  Any objection submitted on behalf of a business entity must identify the title of the authorized individual signing the objection.

Objecting is telling the Court that you do not like something about the Settlement.  You can object to the Settlement only if you do not exclude yourself.  Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself from the Settlement, then you cannot object to the Settlement because it no longer affects you.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement and whether to approve Class Counsel’s request for attorneys’ fees, costs, and expenses and for Service Awards for the Plaintiffs.  You may attend and you may ask to speak, but you don’t have to do so.

The Court has scheduled a Final Approval Hearing on September 5, 2024 at 10:30 am at the United States District Court for the Western District of Texas, located at 262 West Nueva Street, Courtroom H, San Antonio, Texas 78207.  The hearing may be virtual or moved to a different date or time without additional notice, so it is a good idea to check this website for updates.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  The Court will also consider any requests by Class Counsel for attorneys’ fees, costs, and expenses and for Service Awards for the Plaintiffs.  If there are objections, the Court will consider them at the hearing.  After the hearing, the Court will decide whether to approve the Settlement, the request for attorneys’ fees, costs, and expenses, and the request for Service Awards.  We do not know how long these decisions will take.

No.  Class Counsel will answer any questions the Court may have.  But you may attend the hearing at your own expense.  If you send an objection, you don’t have to come to Court to talk about it.  As long as you submit your written objection on time, to the proper addresses, and it complies with the requirements set forth in FAQ # 17 above and in Section VI of the Settlement Agreement, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must submit an objection that complies with the requirements set forth in FAQ # 17 above and file a notice with the Court at the address listed in FAQ # 17 at least fourteen days before the Final Approval Hearing indicating that you intend to appear and wish to be heard.  You must submit your objection no later than August 13, 2024.  You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing at all, you will not receive a payment, and you will give up your right to participate in further litigation against Conduent and Comerica about claims related to their handling of fraud claims on your Direct Express card during the Class Period. 

The Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You also may write with questions to the Settlement Administrator at Almon, et al. v. Conduent State & Local Solutions, Inc., c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391, or call the toll-free telephone number, (833) 425-9800. Please do not contact Conduent, Comerica, or the Court for information.
This website is authorized by the Court, supervised by counsel to the Parties and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 425-9800
Email
[email protected]
Mail
Almon, et al., v. Conduent State & Local Solutions, Inc.
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Opt-Out Deadline

    Tuesday, August 13, 2024 You must complete and mail your request for opt-out so that it is postmarked no later than August 13, 2024.

  • Objection Deadline

    Tuesday, August 13, 2024 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than August 13, 2024.

  • Claim Form Deadline

    Thursday, September 12, 2024 You must submit your Claims online no later than September 12, 2024, or mail your completed paper Claims so that it is postmarked no later than September 12, 2024.

  • Final Approval Hearing Date

    Thursday, September 5, 2024 The Final Approval Hearing is scheduled for September 5, 2024. Please check this website for updates.

Important Documents

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