Case Type:
Consumer & Product
Case Number:
Judge Name:
Legrome D. Davis
Court Type:
District Court
Eastern District of Pennsylvania
Important Dates
  • Notice Mailing Date:
    Nov 12, 2014
  • Claims Submission Deadline:
    Jan 12, 2015
  • Objection Deadline:
    Jan 12, 2015
  • Exclusion Deadline:
    Jan 22, 2015
  • Final Approval Date:
    Feb 18, 2015

Checks were mailed to those who submitted valid, timely claims on April 9, 2015.


Settlement Class Members are individuals who reside and/or resided in the Commonwealth of Pennsylvania and received a “Borrower Response Package” (“BRP”) from Bank of America, N.A. (“BANA”) and/or Walled Lake Credit Bureau LLC (“WLCB”) between March 22, 2012 and November 19, 2012.  The Plaintiff, Melissa Devin Magness, brought the Lawsuit against BANA and WLCB claiming the BRP contained false and misleading information in violation of the Fair Debt Collections Act 15 U.S.C. § 1692, et seq. (“FDCPA”).  Specifically, Plaintiff alleged that the BRP was a communication from a debt collector that did not meet the requirements of the FDCPA, and that it misled borrowers by stating it was only a communication concerning BANA’s loan modification programs.


Under the Settlement Agreement, BANA and WLCB paid Five Hundred Fifty Thousand Dollars ($550,000) into a settlement fund (the “Gross Settlement Fund”) to settle the Lawsuit. After attorneys’ fees and costs, settlement administration costs, and an Enhancement Award to the Plaintiff for bringing and prosecuting the Lawsuit (if awarded by the Court) were deducted from the Gross Settlement Fund, the remainder was the Net Settlement Fund.


The Net Settlement Fund was divided amongst the Settlement Class Members who elected to participate in the Settlement by submitting timely, valid Claim Forms (“Participating Class Members”). The Fund was divided pro rata among all Participating Class Members.



Important Documents

Final Judgment

Settlement Agreement

Preliminary Approval Order

Notice of Settlement




Plaintiff and Settlement Class Members:


Arkady Eric Rayz

Kalikhman & Rayz, LLC

1051 County Line Road, Suite A

Huntingdon Valley, PA 19006

Phone: (215) 364-5030

Fax: (215) 364-5029


Bank of America:


Andrew J. Soven

Reed Smith LLP

Three Logan Square

1717 Arch St., Suite 3100

Philadelphia, PA 19103

Phone: 215-851-8288

Fax: 215-851-1420

Gerald D. Wells , III

Connolly Wells & Gray, LLP

2200 Renaissance Blvd., Suite 308

King Of Prussia, PA 19406

Phone: (610) 822-3700

Fax: (610) 822-3800




Walled Lake Credit Bureau:


Martin C. Bryce, Jr.

Ballard Spahr Andrews and Ingersoll, LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

Phone: 215-864-8238

Fax: 215-864-9511





If you have any additional questions or would like more information, please contact us by calling toll-free (844) 322-8247 or by emailing us at