GABRIELLE FARQUHARSON and TAYLOR ANDERSON v. BR METROWEST, LLC and CARROLL ORGANIZATION, LLC, doing business together as "ARIUM"

A court authorized a notice because you have a right to know about a Proposed Settlement of this class action lawsuit against BR Metrowest, LLC and Carroll Organization, LLC, doing business together as “Arium,” and about your options before the Court decides whether to give “final approval” to the Proposed Settlement. The notice explains the lawsuit, the Proposed Settlement, your legal rights, what benefits will be provided, and who will receive them. This case is currently pending in the Ninth Judicial Circuit in and for Orange County, Florida and is known as Gabrielle Farquharson and Taylor Anderson v. BR Metrowest, LLC et al. Case No. 2021-CA-004172-O.

In this lawsuit, it is alleged that Defendants violated state law when they collected lease termination fees contrary to advertisements as well imposing mandatory cleaning fees on vacating tenants. Specifically, the lawsuit seeks damages and declaratory and injunctive relief for violations of Florida Residential Landlord Tenant Act (“FRLTA”), Fla. Statute §83.40, et seq., the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. §559.55, et seq., the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) Fla. Stat. § 501.204 et seq., and the Florida False Advertising Act (“FFAA”).

Defendants deny all claims and maintain they did not act wrongfully or unlawfully. Defendants contend that the claims of Gabrielle Farquharson and Taylor Anderson (hereinafter “Representative Plaintiffs”) have no merit and that, if the lawsuit proceeded, Defendants would prevail at trial.

The parties have agreed, and the Court has ordered that, for settlement purposes only, this lawsuit may be maintained as a class action under Rule 1.220, Florida Rules of Procedure, subject to final approval at the conclusion of the settlement process. If the Proposed Settlement is not finally approved, or if any party withdraws from the Proposed Settlement, the lawsuit will return to the same status as before the Settlement Agreement was signed, and the Court will later determine if the case may proceed as a class action.

The Proposed Settlement includes all persons who meet each and every one of the following criteria, namely persons who entered into lease agreements (“Lease Agreements”) in the State of Florida with Defendants from April 21, 2017, through April 22, 2022, which contained a provision for a mandatory cleaning fee upon lease termination and (1) who were charged and paid the mandatory cleaning fee (“Paid Cleaning Fee Class”), or (2) who were charged but did not pay the mandatory cleaning fee (“Unpaid Cleaning Fee Class”). In addition to being charged a mandatory cleaning fee, some persons terminated their lease agreement within thirty days of taking possession of their apartment and were assessed the balance of charges and lease payments under their lease agreement despite advertisements that described a “a 30-Day Satisfaction Guarantee” (“Care-Free Living Class”).

If you are received a Notice, it is believed that you meet the above criteria and that you are a member of the Class.

The Paid Cleaning Class has approximately 4,100 accounts contained in the class.

The Unpaid Cleaning Class has approximately 4,300 accounts contained in the class.

The Care-Free Living Class has approximately 26 accounts contained in the class.

The parties arrived at the Proposed Settlement as a result of arms-length negotiations, including face-to-face meetings between the lawyers for each side, and mediation before Mediator Terrence M. White, Esq.  The parties reached the Proposed Settlement before the Court determined whether class certification was appropriate. The Proposed Settlement is a compromise of disputed claims and does not mean that any law was violated or that Defendants did anything wrong.

The Proposed Settlement provides both equitable and monetary benefits (“Settlement Benefits”):

• Consent decree. As part of the Final Judgment, the Court shall enter a consent decree permanently enjoining Defendants from entering into lease agreements in the State of Florida which contain a Mandatory Cleaning Fee, or otherwise enforcing such Mandatory Cleaning Fee, upon termination of the lease.              
• Waiver of Debt As to Unpaid Cleaning Fee Class. Defendants shall waive the right to collect and shall discharge the Unpaid Cleaning Fees charged to the Unpaid Cleaning Fee Class. The aggregate amount of the Unpaid Cleaning Fees is more than $465,000.  
• Waiver of Debt As to Care-Free Living Class. Defendants shall waive the right to collect and shall discharge the Accelerated Lease Balance charged to the Care-Free Living Class. The aggregate amount of the Accelerated Lease Balances is more than $60,000.
• Clearance of Credit. Defendants shall not report any negative credit reporting tradelines as to any Accelerated Lease Balance for any Care-Free Living Class Member, or as to any Mandatory Cleaning Fees for any Unpaid Cleaning Fee Class Member.
• Settlement Fund.

    (a) General. Under the terms of the Settlement Agreement, Defendants shall establish a fund in the amount of Five Hundred Seventy-Five Thousand Dollars ($575,000.00) (“Settlement Fund”) to fund the Class Settlement, including all costs, fees, and other payments, including, but not limited to, the costs of notice and settlement administration, attorneys’ fees, litigation expenses and costs, and class representatives’ compensation. The amount of $575,000.00 is intended to be a total and complete cap; in no event shall Defendants, their insurers or any of the Released Parties, ever be liable for any amount whatsoever in excess of the Settlement Fund of $575,000.00, regardless of any circumstance whatsoever.

    (b) Settlement Payment. All attorneys’ fees to Class Counsel, litigation expenses, costs and all costs or expenses related to Settlement Administration, including the costs of Notice, the fees and costs paid to the mediator, and the class representatives incentive awards shall be deducted from the Settlement Fund to determine the “Net Settlement Fund.” Paid Cleaning Fee Class Members who do not exclude themselves (“Paid Cleaning Fee Participating Class Members”) shall receive a settlement check issued by the Settlement Administrator (“Settlement Check”). The amount of the Settlement Check, which shall be issued to Paid Cleaning Fee Participating Class Members, shall be determined by dividing the Net Settlement Fund by the total number of Paid Cleaning Fee Participating Class Members. For purposes of issuance of Settlement Checks only, joint or co-obligors (including co-tenants) shall be treated as one person. Any Settlement Checks for Paid Cleaning Fee Participating Class Members who are joint or co-obligors shall be issued jointly and shall be mailed to the last known address of the primary obligor.

Any monies from the Settlement Fund that remain unclaimed or undistributed after 160 days from the date of distribution of Settlement Checks will be given to Community Legal Services of Mid-Florida, Inc.

More details are in a document called the Settlement Agreement, which is available for your inspection at the Office of the Clerk, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, during normal business hours and is available on the website for the Class Settlement at www.FarquharsonClassAction.com.

The Court will hold a final approval hearing on November 30, 2022 at 1:30 p.m. to decide whether to approve the Proposed Settlement (see Question 17) including the request for attorneys’ fees and litigation expenses (see Question 14). Even if the Court approves the Proposed Settlement, there could be appeals. The time for an appeal varies.

The Proposed Settlement becomes final and binding on the Effective Date. If no appeals are taken, the Effective Date is the date on which the Court approves the Proposed Settlement as final, subject to certain conditions. If an appeal is taken, the Effective Date is the date when all appeals are complete, and the Proposed Settlement becomes final.

The Proposed Settlement will go into effect on the Effective Date.

If the Proposed Settlement is finally approved, the Court will enter a judgment dismissing all claims against Defendants with prejudice. Under the terms of the Proposed Settlement, you will release Defendants with respect to the claims that were raised or could have been raised in the case. This means you cannot seek equitable relief or any type of monetary relief against Defendants based on most claims related to or arising out of your Lease Agreement with Defendants. You will be giving up all such claims, whether or not you know about them.

Your interests as a member of the Class will be represented by the Representative Plaintiffs and Class Counsel. You will not be billed for their services. Class Counsel will receive a fee only if the Court approves the Proposed Settlement, and the fee award will be set by the Court and paid from the Settlement Fund (see Question 14).

The Court’s order will apply to you even if you objected or have any other claim, lawsuit, or proceeding pending against Defendants. If you have any questions about the release, you should consult with a lawyer.

If you do nothing, you will be part of the Class. That means you cannot sue Defendants over the claims settled in this case. It also means that all of the Court’s orders, including the release of claims and dismissal of the lawsuit with prejudice (see Question 8), will apply to you and legally bind you.

If you are a member of the Paid Cleaning Fee Class (i.e., you paid the Mandatory Cleaning Fee), you do not have to do anything to obtain a Settlement Check. If the Court grants final approval of the settlement, a Settlement Check will be distributed from the Settlement Fund to all Paid Cleaning Fee Participating Class Members by mail. The amount of each Settlement Check will be reduced on a pro rata basis by the amount the Court determines that Class Counsel shall receive as compensation for the prosecution of the instant action, the Incentive Award to the Representative Plaintiffs, and certain expenses related to administering the Settlement (see Question 14 below).

If you want to keep your right to sue Defendants, you must take steps to remove yourself from the Proposed Settlement. This is called asking to be excluded from – or “opting out” of – the Class and the Proposed Settlement.

If you choose to exclude yourself from the Class, you will not be bound by any order, judgment or settlement of the lawsuit. If you exclude yourself from the Class, you will not receive any benefits from this class action. You will retain and be free to pursue any claim against Defendants with respect to the Mandatory Cleaning Fee or with respect to any other legal claim under your Lease Agreement that would otherwise be released, and Defendants would retain any defenses to such claims.

To exclude yourself from the Proposed Settlement, you must mail a letter saying that you want to be excluded from the Class in Farquharson, et al. v. BR Metrowest, LLC et al. You must include your full name, current mailing address, and telephone number, and the letter must be signed by you personally. An exclusion form has been included with this notice for your use. Your letter or exclusion form requesting exclusion must be mailed or otherwise delivered to the following address such that it is received by November 15, 2022.

Farquharson Class Action
Settlement Administrator
American Legal Claim Services, LLC
PO Box 23309
Jacksonville, FL 32241

You cannot exclude yourself on the phone or by email.

Yes. The Court has appointed Robert W. Murphy, David H. Abrams and Robert G. Churchill, Jr., to represent you and the other Class Members in this case. Mr. Murphy, Mr. Abrams, and Mr. Churchill are called “Class Counsel.”

You will not be charged for representation by Class Counsel. Class Counsel’s compensation will be paid from the Settlement Fund. If you want to be represented by another lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve attorneys’ fees and litigation expenses to be paid from the Settlement Fund. Class Counsel will ask the Court to award attorneys’ fees not to exceed $190,000 (“Attorney Fee Award”) and litigation expense not to exceed $10,000 (“Attorney Costs”). Class Counsel contends that the total benefit of the settlement to the Class includes the approximately $465,000 in Unpaid Cleaning Fees, the approximately $60,000 in Accelerated Lease Balances, the $575,000.00 payment to the Settlement Fund, and the economic benefits attributable to the deletion of adverse information from the Class Members’ credit reports where necessary.

Class Counsel will also ask the Court to approve an incentive award of $2,500 (“Incentive Award”) to be paid from the Settlement Fund to each Representative Plaintiff for the time and resources she has spent helping Class Counsel on behalf of the whole Class, to be paid to the Representative Plaintiffs in addition to the Settlement Check. The Court may award less than the requested amount.

The cost of administering the Settlement (“Settlement Administration Expense”), including the expense of sending this Notice and any settlement checks, will be paid directly out of the Settlement Fund. The estimated cost of the Settlement Administration Expense is $30,000.

No Class Member will owe or pay anything directly for attorney’s fees and expenses or the incentive award. Any award of attorney’s fees and expenses as well as the incentive award will be paid from the Settlement Fund.

The Court must approve both the attorney’s fees and expenses for Class Counsel and the incentive award for the Representative Plaintiff. The Court will conduct a hearing on attorney’s fees and litigation expenses at the same time of the final approval hearing.

The Attorney Fee Award, Attorney Costs, Incentive Award and Settlement Administration Expense will be deducted from the Settlement Fund before the pro rata distribution of Settlement Checks to Class Members.

You may object to any part of the Proposed Settlement. To do so, you must file a written objection in the case Farquharson, et al. v. BR Metrowest LLC, et al., Case No.: 2021-CA-004172-O. Any objection must set forth your full name, current mailing address and telephone number and must include: (a) a written statement explaining the reasons for your objection; (b) copies of any papers, briefs, or other documents you want to bring to the Court’s attention; (c) any evidence you wish to introduce in support of your objection; and (d) a statement of whether you or your lawyer will ask to appear at the final approval hearing to talk about your objections.

Your objection must be mailed or otherwise delivered to each of the following addresses so that it is received by November 15, 2022:

If you or your lawyer asks to appear at the final approval hearing, in addition to providing the above information, you must include in your objection letter: (a) the points you wish to speak about at the hearing; (b) copies of documents you intend to rely upon at the hearing; (c) the amount of time you request for speaking at the hearing; and (d) whether you intend to have a lawyer speak on your behalf.

If you intend to have a lawyer present, your lawyer must file a written notice of appearance of counsel with the Clerk of the Court no later than November 15, 2022.

Objecting is simply telling the Court that you do not like something about the Proposed Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself from the Class, you have no basis to object because the case no longer affects you.

The Court will hold a final approval hearing to decide whether the Proposed Settlement is fair, reasonable, and adequate and should be granted final approval. The Court will also consider whether to award attorneys’ fees and other expenses to Class Counsel, whether to provide an incentive award to the Representative Plaintiff, and whether to enter a final judgment and dismiss the lawsuit. If there are objections, the Court will consider them. You may attend and you may ask to speak.

The final approval hearing will be on November 30, 2022 at 1:30 p.m., before the Honorable Judge Kevin B. Weiss, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, in Judge Weiss’ Courtroom. The hearing may be rescheduled or continued without notice by the Court.

The Proposed Settlement may be approved by the Court with modifications, and without further notice, if consented to by the Representative Plaintiffs and Defendants and their respective attorneys in accordance with the terms of the Settlement Agreement.

No. Class Counsel will answer any questions the Court may have. If you send a written objection, you do not have to come to the final approval hearing to talk about it. As long as you mailed your written objection on time and according to the Court’s rules, the Court will consider it. You may also pay your own lawyer to attend the final approval hearing, but it is not necessary.

You have the right to do nothing. If you do nothing, you will remain part of the Class and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the claims in this case, ever again. You will receive all the Settlement Benefits described in Question 6 above

If you have any questions concerning the matters dealt with in this notice, please direct your inquiries to the following Class Counsel:

Robert W. Murphy, Esquire
440 Premier Circle, Suite 240
Charlottesville, VA 22901
Email: [email protected]

The pleadings and other records in this litigation are available at www.FarquharsonClassAction.com and may also be examined and copied during regular office hours at the Clerk of the Circuit Court, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida. PLEASE DO NOT TELEPHONE THE CLERK’S OFFICE OR THE JUDGE’S CHAMBERS CONCERNING THE NOTICE OR THIS CASE.