Aliff v. Vervent, Inc.

This website has been set up because the Court in charge of this lawsuit has certified this case as a class action, and this website is to inform the members of the Class with regular updates on the case. If you are a former ITT student who made a payment on a “PEAKS” loan on or after April 10, 2016, you are part of the Class. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options you may exercise before the Court holds a trial. The trial is scheduled to begin on June 5, 2023. The trial is to decide whether the allegations made against Defendants are true. The trial will be held in the United States District Court, Southern District of California, in Courtroom 13A, located at 333 W. Broadway, San Diego, CA 92101. The lawsuit is known as Aliff et al. v. Vervent, Inc. et al., Case No. 3:20-cv-00697 (S.D. Cal.). (It is also referred to in some of the court documents as Turrey, et al. v. Vervent Inc., et al.).

The purpose of this website is to inform you about this lawsuit, the certification of the case as a class action, and your options of staying in the Class or asking to be excluded from the Class and the case.

The lawsuit is a class action. The lawsuit claims Defendants Vervent (formerly “First Associates Loan Servicing”), Activate Financial, LLC, and certain individuals improperly collected money from former ITT students on PEAKS loans. The PEAKS loans were deemed invalid in September 2020, and no one owes money on the loans going forward. The lawsuit seeks refunds for the money former students paid on or after April 10, 2016, plus other damages and interest.

You can read the Plaintiffs’ Class Action Complaint and the Order Granting Plaintiffs’ Motion for Class Certification on the Important Documents page of this website or www.BHOLaw.com.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The people who sue—and all the Class Members like them—are called the “Plaintiffs.” The companies and individuals the Plaintiffs sued are called the “Defendants.” One court resolves the issues for everyone in the Class.

The Court decided that this lawsuit can be a class action and move towards a trial because it meets the standards for class certification. Specifically, the Court found that

• The Class is ascertainable;
• There are factual and legal questions that are common to each of the members of the Class;
• The Class Representatives’ claims are typical of the claims of the rest of the Class;
• The Class Representatives and the lawyers representing the Class will fairly and adequately represent the Class’s interests;
• The common legal questions and facts predominate over questions that affect only individuals; and
• This class action will be more efficient than having many individual lawsuits.

The Defendants have denied all liability.

The Court has not decided whether the Plaintiffs or Defendants are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at trial.

Plaintiffs are seeking damages in the amount of money former students paid on or after April 10, 2016, plus other damages and interest. Plaintiffs will also seek attorneys’ fees and costs incurred in connection with the prosecution of this action.

No money or benefits are available now because the Court has not yet decided whether PEAKS loan borrowers are entitled to money or other benefits. There is no guarantee that money or benefits will be obtained. If they are, you will be notified about how to receive money or other benefits from the lawsuit.

The Class includes all PEAKS loan borrowers who made a payment on their PEAKS loan on or after April 10, 2016. The Class also includes all PEAKS loan borrowers who made a payment after April 10, 2019, after receiving a letter or e-mail from Activate Financial.

If you are still not sure whether you are included, you can get free help at www.bholaw.com or www.peaksstudentloanclaims.com or by calling or writing to the lawyers in this case, 619-338-1100, 215-320-5600, Aliff v. Vervent, Inc., P.O. Box 2288, Portland, OR 97208-2288.

If you did not make a payment on your PEAKS loan within the listed time periods, then you are NOT a Class Member.

You must decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.

By doing nothing, you keep the possibility of getting money or benefits that may come from the lawsuit. However, you give up any rights to sue Defendants separately about the same legal claims in this lawsuit, and will instead be bound by the result of this lawsuit.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Plaintiffs win, you will be notified about how to receive money or other benefits from the lawsuit. Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, Defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

The deadline to exclude yourself or opt out of the Class has passed. All timely opt out requests must have been received on or postmarked by April 28, 2023.

If you already have your own lawsuit against Defendants regarding your PEAKS loan and want to continue with it, you need to ask to be excluded from the Class. Alternatively, you may not agree with the allegations raised by the Plaintiffs, or you may have some other reason that you do not wish to be part of this lawsuit. If you exclude yourself from the Class—which is sometimes called “opting out” of a Class—you will not get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial. However, you may then be able to sue or continue to sue Defendants regarding your PEAKS loan. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit against Defendants regarding your PEAKS loan after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Defendants regarding your PEAKS loan, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

The Court decided Blood Hurst & O’Reardon, LLP (San Diego, CA); Langer, Grogan & Diver P.C. (Philadelphia, PA); and Law Office of Paul Arons (Friday Harbor, WA) are qualified to represent all Class Members as Class Counsel. Blood Hurst & O’Reardon, LLP; Langer, Grogan & Diver P.C.; and Law Office of Paul Arons are experienced in handling similar class action cases. More information Class Counsel is available at www.BHOLaw.com; www.LangerGrogan.com; and www.AronsConsumerLaw.com.

If you do not exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want someone other than Class Counsel to speak for you, you can hire your own lawyer to appear in Court on your behalf.

Class Counsel has filed a motion for award of attorneys’ fees, reimbursement of expenses, and service awards for class representatives. The motion and supporting documents are available on the Documents page of this website. The deadline to object to the motion is August 2, 2024. The motion hearing will be held on August 16, 2024 at 1:00 p.m., in Courtroom 13A, United States District Court for the Southern District of California, 333 West Broadway, Suite 420, San Diego, California.

Class Members may object to this Motion by sending a letter to the Court on or before the current opposition deadline, August 2, 2024, explaining the reason for the objection, that the person submitting the objection is a member of the Class, and person’s contact information.

Class Counsel will have to prove the Plaintiffs’ allegations at a trial, which is currently scheduled to begin on June 5, 2023. The trial will take place in the United States District Court, Southern District of California, Courtroom 13A – Judge Dana M. Sabraw, located at 333 W. Broadway, San Diego, CA 92101. During the trial, a jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiffs or Defendants are right about the allegations in the lawsuit. There is no guarantee that Plaintiffs will win or that they will get any money for all or some members of the Class.

You do not need to attend the trial, but you are welcome to. Class Counsel will present the case for the Plaintiffs, and lawyers for Defendants will present on the company’s behalf. You or your own lawyer are welcome to attend at your own expense.

If Plaintiffs obtain money or benefits as a result of the lawsuit, you will be notified. We do not know how long this will take.

Visit the Important Documents page of this website or www.BHOLaw.com, where you will find the Court’s Order on the Plaintiffs’ Motion for Class Certification, and the Complaint. You may also speak to someone about the case by calling 619-338-1100, 215-320-5660, or by writing to: Aliff v. Vervent, Inc., P.O. Box 2288, Portland, OR 97208-2288