Summary

Re:      Legal Notice about a Class Action and Settlement with Full Circle in British Columbia

THIS NOTICE AFFECTS YOUR LEGAL RIGHTS

A settlement reached in the certified class proceeding in Archer v. Full Circle Debt Solutions Inc. et al., Vancouver Registry No. S184335. Under the terms of the settlement, you may are entitled to a refund of some of the fees you paid to a Full Circle location in British Columbia.

The lawsuit alleges that Full Circle, and its officers and directors, charged customers for debt restructuring services in breach of the provincial Business Practices and Consumer Protection Act and the federal Bankruptcy and Insolvency Act. The lawsuit alleges that Full Circle’s business practices are unlawful and seeks compensation.  The Defendants deny these allegations, and they remain unproven.

The class action has been certified on behalf of all persons who paid fees to Full Circle in relation to a consumer proposal under the Bankruptcy and Insolvency Act between April 16, 2016 and December 31, 2020 (the “Class”). The court has appointed Darren Archer as the representative plaintiff.

On November 15, 2021, the Honourable Justice Mayer of the British Columbia Supreme Court approved the settlement of this class action. The settlement does not constitute an admission by or a finding of liability against the settling Defendants and is a compromise of disputed claims.

What are the terms of the settlement?

Each Class member submitting a claim is entitled to receive a refund of up to 100% of the eligible fees they paid.

To fund the payment of claims, the settling Defendants have established a Settlement Fund in the amount of $110,000 in cash. The precise amount of your refund will depend upon the total amount of the claims made against this Settlement Fund, remaining after the payment of the Court approved Legal expenses. If the amount of the Settlement Fund available to pay claims is less than the total amount of the claims made, you will receive a pro rata (reduced) share of the Settlement Fund.

The Court has approved legal fees equal to 1/3 of the Settlement Fund (plus taxes) and $9,695 in disbursements (inclusive of taxes and interest).

The complete terms and conditions of this Court approved settlement are contained in the Settlement Agreement and Settlement Administration Plan, which are available at www.fullcircleclassaction.com.

 

 

How do I make a claim?

To receive compensation under the settlement, each Class member must complete the online Claim Form by April 28, 2022 www.fullcircleclassaction.com. The Claim Form is also available by calling (604) 639-3680.

What if I don’t want to participate?

If you do not want to be part of the lawsuit, you must notify class counsel in writing at optout@fullcircleclassaction.com by not later than April 28, 2022, providing your name and address and indicating that you wish to opt out. You will not receive compensation under the settlement if you opt out.

Settlement Claims Deadline

You must submit a Claim Form on or before April 28, 2022 to receive compensation under this settlement.

This notice has been authorized by the B.C. Supreme Court.

 

Important Dates

April 4, 2018

Claim Filed

February 28, 2022

Notice Date

April 28, 2022

Claims Deadline

June 3, 2022

Appeal Deadline

July 15, 2022*

Payout Date

May be subject to change