Re: Legal Notice about a Class Action and Settlement with certain 4 Pillars locations in British Columbia
THIS NOTICE AFFECTS YOUR LEGAL RIGHTS
A settlement reached in the certified class proceeding in Pearce v. 4 Pillars Consulting Group et al, British Columbia Supreme Court, Vancouver Registry No. S183599. Under the terms of the settlement, you may are entitled to a refund of some of the fees you paid to a 4 Pillars location in British Columbia.
The class action alleges that the 4 Pillars franchise business provided debt restructuring services in a manner contrary to the Business Practices and Consumer Protection Act and seeks to recover monies alleged to have been unlawfully received in relation to these services. The Defendants deny these allegations, and they remain unproven.
The class action has been certified on behalf of all persons who paid fees to 4 Pillars in relation to a consumer proposal under the Bankruptcy and Insolvency Act or an informal debt repayment proposal with the person’s creditors in BC between April 16, 2016 and August 15, 2021 (the “Class”). The court has appointed Paul Pearce as the representative plaintiff.
On January 29, 2021 and November 15, 2021, the Honourable Justice Mayer of the British Columbia Supreme Court approved the settlement of this class action against all Defendants pursuant to three different settlement agreements. The settlements do 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 Defendants, collectively, have established a Settlement Fund in the amount of $7,000,000 in cash. There is also a potential ability to recover up to an additional $800,000 from a claim that will be assigned to the Class against one of the Defendant’s insurers. 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 $103,533.31 in disbursements (inclusive of taxes and interest).
The complete terms and conditions of this Court approved settlement are contained in the Settlement Agreements and the Settlement Administration Plan, which are available at here.
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 at www.4pillarsclassaction.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 firstname.lastname@example.org 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.
March 9, 2018
February 28, 2022
April 28, 2022
May 28, 2022
June 28, 2022*
May be subject to change