HEULE V HOME ENCOUNTER, LLC dba HOMERIVER GROUP

CASE NO.: 24-CA-001403 DIVISION: F

Frequently Asked Questions

  1. What is this lawsuit about?

    1. Plaintiff Erica Desiree Heule filed this putative class action for alleged violations of Florida Statute § 720.30851(6) and Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et. seq. arising out of estoppel certificate fees charged by HomeRiver to sellers of real properties subject to HOA dues. Plaintiff alleged these fees were unreasonable or exceeded the statutory cap in Florida Statute § 720.30851(6). Plaintiff and HomeRiver agreed to settle these claims in a Class Action Settlement in exchange for the monetary benefits set forth in this Settlement. All Settlement Class Members will release HomeRiver from all liability arising from the claims in the lawsuit involving their estoppel certificate charges.
  2. What are my rights and options?

    1. You may either stay in the case or request to be excluded from it.
  3. How do I participate as a member of the class?

    1. In order to receive the monetary benefits of this Settlement, Settlement Class Members do not have to take any action. If and when the Settlement is finally approved by the Court, a Settlement payment in the amount of $18.00 will be mailed to you at the same address as this Notice. If you are moving within the next 90 days, you can provide your new mailing address by email to [email protected] or by mail to Heule v HomeRiver, c/o Settlement Administrator, P O Box 23680, Jacksonville, FL, 32241.
  4. What benefits will I receive?

    1. Monetary Benefits:

      HomeRiver will provide a refund payment in the amount of $18.00 to each Settlement Class Member who does not opt out of the Settlement Class.
  5. How do I opt out of the settlement?

    1. If you wish to be excluded from the Settlement Class, and receive no settlement benefits, you must send a written Request for Exclusion to Heule v HomeRiver, c/o Settlement Administrator, P O Box 23680, Jacksonville, FL, 32241 no later than August 5, 2024, stating your name, address, and the following statement: “I request exclusion from the Settlement Class in Erica Desiree Heule v. Home Encounter, LLC d/b/a HomeRiver Group, Case No. 24-CA-001403.”
  6. When and where will the Court decide whether to approve the settlement?

    1. The Court will hold a Final Fairness Hearing on August 15, 2024 at 1:30 p.m. before the Honorable Jennifer Gabbard, to determine whether the proposed Settlement is fair, reasonable and adequate.
  7. May I speak at the hearing?

    1. As a Settlement Class Member, you may appear at the Final Fairness Hearing to be heard in opposition to the Settlement. You must submit a written objection by July 26, 2024 containing certain requirements.