Frequently Asked Questions

A court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Matuch v. OneMain Financial Group, LLC. Case No. CACE-24-007594 and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Martin Bidwell of the Circuit Court of Broward County, Florida, Division 05 is overseeing this case.  The person who sued, Melissa Matuch, is called the “Plaintiff.” OneMain Financial Group, LLC is called the “Defendant.”

The lawsuit alleges that OneMain sent Consumer Account Communication between 9:00pm and 8:00am in violation of the FCCPA and seeks actual and statutory damages in the FCCPA on behalf of the Plaintiff and a class of all individuals in the State of Florida. 

OneMain denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted in the Documents section of this website. The Settlement resolves the lawsuit. The Court has not decided who is right.

The FCCPA is a Florida law that restricts certain conduct when communicating and attempting to collect consumer debts.

In a class action, one person called the “Class Representative” (in this case, Plaintiff Melissa Matuch) sues on behalf of herself and other people with similar claims. 

All of the people who have claims similar to the Plaintiff are Settlement Class Members, except for those who exclude themselves from the class.

The Court has not found in favor of either Plaintiff or OneMain. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in the Notice. OneMain denies all legal claims in this case. Plaintiff and Plaintiff's lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received an email, text/SMS, push alert, and any other electronic notification, including notifications sent via a mobile or web application, concerning a Consumer Account from OneMain. Specifically, the Settlement Class is defined as:

Customers with Florida addresses (1) who were sent a Communication not known to be undeliverable (2) between 9:00 PM and 8:00 AM in the resident’s local Florida time zone, (3) by OneMain or on OneMain’s behalf (4) regarding a Consumer Account, (5) where such Communication occurred on or between May 31, 2022 and April 23, 2025. 

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

Excluded from the Settlement Class are: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) the immediate family of any such person(s); (4) any Settlement Class Member who has timely opted out of this proceeding; and (5) Class Counsel, their employees, and their immediate family.

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, visit the Settlement Website at www.onemainfccpasettlement.com or call the toll-free number, (833) 876-1395. You also may send questions to the Administrator at OneMain Settlement, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

To fully settle and release claims of the Settlement Class Members, OneMain has agreed to make payments to the Settlement Class Members and pay for Notice and Administrative Costs of the Settlement. Defendant will make up to $500,000 total available for payment to Settlement Class Members who submit a timely, correct, verified, and valid Claim Form by the Claim Deadline in the manner required by the Agreement, making all the required affirmations and representations. A Claim Settlement Check will be sent by the Administrator for approved Settlement Class Claimants on a pro rata basis not to exceed $500. Settlement Class Claimants will be sent their Claim Settlement Payments to the e-mail or mobile telephone number they submitted on their Claim Form within 60 Days following the Effective Date. 

If you qualify for a payment, you must complete and submit a timely, valid, correct, and verified Claim Form. You may download a Claim Form in the Documents section of this website, or request a Claim Form by calling the Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted by April 23, 2025.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by April 23, 2025, or, if submitted online, submitted by 11:59 pm ET on April 23, 2025.

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

Payments to Settlement Class Members will be made only after the Court grants Final Approval of the Settlement and after any appeals are resolved (see "Final Approval Hearing" below). If there are appeals, resolving them can take time. Please be patient.

Any payments will be made electronically to either the mobile phone number or email address you elect on your Claim Form.  To instead receive any payment via physical check, you must contact the Administrator and provide the reasons such physical check is requested in lieu of electronic payment. 

To exclude yourself from the Settlement, you must send a timely letter by mail to:

OneMain Settlement
c/o Kroll Settlement Administration LLC
 P.O. Box 225391
New York, NY 10150-5391

Your request to be excluded from the Settlement must: (a) identify the case name; (b) identify your name, address, and telephone number; (c) identify the email address where a Communication was received from Defendant; (d) be personally signed by you; and (e) contain a statement that indicates your desire to be excluded from the Settlement Class in the Action, such as: “I hereby request that I be excluded from the proposed Settlement Class.” 

Your exclusion request must be postmarked no later than April 23, 2025. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

No. Unless you exclude yourself, you give up the right to sue OneMain for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

Unless you opt-out of the Settlement, you cannot sue or be part of any other lawsuit against OneMain about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

The Agreement is available in the Documents section of this website. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

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

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

JIBRAEL S. HINDI, ESQ.
Florida Bar No.: 118259
[email protected]
The Law Offices of Jibrael S. Hindi
110 SE 6th Street, Suite 1744
Fort Lauderdale, Florida 33301
Phone: 954-907-1136

MANUEL S. HIRALDO, ESQ.
Florida Bar No. 030380
[email protected]
Hiraldo P.A.
401 E Las Olas Blvd., Ste. 1400
Fort Lauderdale, FL 33301
Phone: 954-400-4713

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

Class Counsel intend to request up to $165,000 for Attorneys’ Fees and actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid separately from the Settlement Fund. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request that a Service Award of $3,500 to be paid separately from the Settlement Fund to the Class Representative for her service as representative on behalf of the Settlement Class.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to the any part of the Settlement. To object, you must timely submit a letter that includes the following:

1. A heading that includes the case name and case number;
2. Your full name, address, telephone number, and email address, and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3. A signed statement stating, under penalty of perjury, that you received one or more covered Communications from OneMain;
4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8. Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.
9. Your wet ink/physical signature (an e-signature or attorney’s signature is not sufficient).
   
   If you wish to object, you must file your objection with the Court (using the Court's electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by April 23, 2025.

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 is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

The Court has scheduled a Final Approval Hearing on May 13, 2025, at 9:30am ET via Zoom. The hearing may be 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 the requests by Class Counsel for Attorneys’ Fees and Expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17 above).

You cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a Settlement Class Member and do nothing, meaning you do not file a timely, correct, verified, and valid Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

This website summarizes the proposed Settlement. You are urged to review more details in the Agreement. For a complete, definitive statement of Settlement terms, refer to the Agreement in the Documents section of this  Settlement Website. You may also write with questions or request to update your contact information to the Administrator at OneMain Settlement, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10151, or call the toll-free number, (833) 876-1395.