(L-R) Adam Thoresen, division chief, Consumer Advocacy & Litigation Unit; JALA board member David Johnston; attorney Max Story of Story Law Group; JALA President & CEO Jim Kowalski; JALA board member James Cummings; and JALA board member Andrew Underkofler.
FOR IMMEDIATE RELEASE
Contact: Nancy Kinnally
Public Relations Consultant, Jacksonville Area Legal Aid
Nancy.Kinnally@JaxLegalAid.org
(407) 375-2264
Jacksonville, Fla.—Jacksonville Area Legal Aid recently received a cy pres award of over $37,000 resulting from a case in which attorney Max Story of the Story Law Group filed a class action complaint against a local property management company,
The suit alleged that SunCoast Property Management LLC charged tenants unlawful fees after they had moved out, in violation of the Florida Residential Landlord Tenant Act and the Florida Consumer Collections Practices Act. According to court records, approximately 1,800 tenants were affected.
As part of a settlement agreement approved by the court, all affected tenant class members who were charged the fee will receive a waiver of the fee. In addition, all class members who actually paid the fee and did not opt out of the class settlement will receive an additional payment.
In all, the approved settlement comprises over $775,000 in class relief. This includes about $119,000 in monetary compensation and $460,000 in waiver of debt. In addition, current tenants were relieved of $196,250 in potential debt.
Legal aid programs are often the beneficiaries of cy pres awards, as the public interest work they do, including in consumer cases, often benefits people who face civil legal issues not unlike those of the class from which the award came.
In addition to being a well-respected local attorney, Story is also the Florida co-chair of the leading consumer attorney group, the National Association of Consumer Advocates.
“We are gratified Max thought of JALA in requesting Judge Norton direct the cy pres funds to us,” said JALA CEO Jim Kowalski. “The purpose of cy pres funds is to assist a non-profit that works to better those who are similar to the class members, and obviously JALA, with its nationally recognized housing and consumer units, is here to do just that.”
In her order granting final approval of the class action settlement, Circuit Court Judge Virginia Norton approved JALA as the recipient of any funds remaining after distribution of the settlement proceeds to affected class members, in accordance with cy pres doctrine.
JALA plans to use the funds to continue JALA’s work in its housing and consumer units assisting local tenants who have been assessed unlawful fees and charges.
“Given all the work JALA does to protect the rights of tenants, it seemed JALA would be the most appropriate beneficiary of the residuals in this case, and I am grateful that Judge Norton agreed,” Story said. “More than any other organization in our community, JALA will be able to use these funds to protect those in our community most closely related to the class members in this lawsuit.”
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Stacey DeLuca, at (904) 356-8371, Ext. 363, or Stacey.DeLuca@jaxlegalaid.org
