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I received a "Notice of Claim Denial" that states my claim is denied because it was submitted late -- what can I do? |
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You can cure a late claim and turn it into a valid claim by submitting evidence that you in fact filed your claim before the deadline (timely claims required a postmark of no later than July 30, 2010 (claims submitted via the website required submission by Midnight Central time on July 30, 2010). Evidence of timely claim submission must be addressed per the Notice of Claim Denial and postmarked by the date specified in your Notice of Denial. You will be notified by October 31, 2010 if your claim of timely filing was accepted. If you submit something but do not receive a letter by that date your claim will remain denied as untimely. If you do not make a further submission your claim will remain denied and you will not receive any further communication. |
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I received a "Notice of Claim Denial" that states my claim is denied because it is deficient-- what can I do? |
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You can submit the required information to cure your deficiency and request reconsideration of the denial and ensure that it is postmarked by the date specified in your Notice of Denial. To fix your deficiency, you must submit all of the information that your prior deficiency letter identifies as missing. If you submit something you will be notified by October 31, 2010 if your claim is still deficient and your request for reconsideration is denied. If your deficiency is deemed to have been fixed, you will not receive any further communication until claims are paid. If you choose not to make a further submission your claim will remain denied and you will not receive any further communication. |
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Am I being sued? |
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No, you are not being sued. This is not a lawsuit against you. Instead, you may be a settlement class member and you may be entitled to a cash settlement payment. |
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What is this lawsuit about? |
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The lawsuit alleges that certain affiliates of H&R Block, Inc. (collectively “H&R Block”) promoted and sold Express IRAs to its tax preparation customers as a good way to save money and earn interest. It is further alleged that the low rate of interest paid on Express IRAs and the various fees charged on the accounts meant customers often lost money on their investments, and H&R Block is alleged to have misrepresented, omitted or inadequately disclosed these facts.
H&R Block has denied all allegations of wrongdoing. H&R Block has agreed to settle the lawsuit to avoid the cost, delay, and risk of continued litigation. Plaintiffs have agreed to the settlement given the benefits it will provide to the class members, as weighed against the cost, delay, and risk of continued litigation. |
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How do I know if I am a Settlement Class Member? |
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You are a settlement class member if you ever opened or obtained an Express IRA at any time from H&R Block, or from any other business or company operating under the H&R Block name or brand.
The class excludes all current or former directors, officers, or employees (and their immediate family members) of (i) H&R Block; (ii) any of H&R Block’s past, present, or future affiliates, predecessors, and successors, including parent companies, subsidiaries, sister companies, and divisions; (iii) any franchisees or businesses or companies acting on behalf of any of the foregoing; and (iv) any lawyers or law firms representing any of the foregoing. |
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What if I got a mailing but am an employee of H&R Block or a related business, or immediate family member of such person? |
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The settlement class excludes certain persons affiliated with H&R Block and immediate members of their families. See the answer to “How do I know I am a settlement class member?” Such persons may receive a mailing but are not part of the settlement class and are not eligible to submit a claim under the settlement. |
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What does the settlement provide? |
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If approved by the Court, the Settlement will provide up to $19.4 million to pay settlement class member claims, notice and administration costs, and other items. The Settlement also provides for H&R Block to convert any remaining Express IRAs to Easy IRAs, which is a type of IRA with fewer fees. H&R Block will provide these benefits automatically, assuming the Settlement is approved and becomes final after any appeals. In addition, for one year after the judgment becomes final, H&R Block will maintain a toll free hotline or similar communication method to provide class members with certain information about their Express IRAs. |
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How can I get a payment under this settlement? |
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If you are a class member you can apply for payment under the settlement by submitting a claim form by mail or online. If you were mailed a claim form, you can submit your claim form by mail or you can use the form and file online. To submit the claim form by mail, you will need to fill out that claim form and update or correcting your name and/or mailing address on the form if necessary. You must sign and date the form on the line provided, and you must mail the form so that it is postmarked no later than July 30, 2010 to the address listed on the form. Additional copies of the claim form can be accessed and printed through this website.
Alternatively, you may file your claim online through our Online Claims Submission option and follow the instructions set forth on that page. Online claims must be submitted no later than Midnight Central Time on July 30, 2010. |
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What will I get from the settlement? |
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If you are a settlement class member, you are entitled to make a claim for a payment from the fund equal to all “Program Fees” you paid on your Express IRA through the last date you paid any Program Fee, plus five-percent (5%) annual simple interest on the fees, calculated from the last date you paid a Program Fee through January 25, 2010. For purposes of this settlement, “Program Fees” are defined as account opening fees, recontribution fees, annual maintenance or custodial fees, account transfer fees,and account termination fees.
However, if the settlement is approved by the Court, your claim will actually be paid either in full or in some lesser amount, depending on how many valid claims are made. As stated in the Long Form Notice and/or the Settlement Agreement located in the Settlement Documents section, there is a maximum of $19.4 million available to pay claims and certain other items. |
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What if my records show I paid no fees? |
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If you were mailed a claim form and Notice, you were identified as having opened or obtained an Express IRA at any time from H&R Block, or from any other business or company operating under the H&R Block name or brand. As a settlement class member you have been notified about the settlement even if records show that you are not due to be reimbursed for program fees. Your rights as a class member are explained fully in the Long Form Notice and Settlement Agreement. |
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When will I receive my settlement recovery? |
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The court will hold a Final Approval Hearing on May 17, 2010 to determine that the proposed settlement is fair, reasonable, and adequate. Once the Court's order approving the Settlement is deemed final, distribution to eligible class members would follow 150-180 days thereafter. |
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Do I have a lawyer in this case? |
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Yes- the court has appointed the following law firms as Lead Counsel to represent the settlement class for settlement purposes:
Girard Gibbs LLP
601 California St, Ste 1400
San Francisco, CA 94108 |
Stueve Siegel Hanson LLP
460 Nichols Rd, Ste 200
Kansas City, MO 64112 |
You will not be charged for Class Counsel’s services, as the lawyers will be paid as part of the Settlement. You do not need to retain a lawyer because Class Counsel represents the interest of all class members. However, if you wish to retain your own lawyer, you may do so at your own expense. |
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How can I tell the Court what I think about the proposed Settlement? |
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If you are a class member and do not exclude yourself, you may comment in support of or in opposition to the terms of the settlement, plaintiffs’ counsel’s request for attorneys’ fees and expenses or plaintiffs’ incentive awards.
You must submit your objections or comments in writing. On the first page, please include a prominent reference to In re H&R Block, Inc. Express IRA Marketing Litigation, MDL No. 1786. Your objections or comments must include (i) your full name, address, telephone number, and Social Security number; (ii) your signature; and (iii) the specific reasons for any objections. If you make objections based on any documentation, papers, or legal authorities, you must include them with your objections. If you also wish to speak at the Final Approval Hearing, you must state in your objections or comments that you intend to appear and speak at the hearing. Your objection or comment must also state or summarize the position you intend to present at the hearing. If you do not include these statements, you will not be entitled to speak at the hearing. If you intend to appear at the final fairness hearing through counsel, your objection or comment must also state the identity of all attorneys representing you who will appear at the fairness hearing.
You must mail or deliver your objections or comments to the Clerk of the Court, with copies to Lead Counsel and H&R Block’s counsel, such that they are received no later than April 28, 2010. The addresses for the Clerk of the Court, Lead Counsel, and H&R Block’s counsel are listed in the Long Notice.
If you do not raise your objections according to the above procedure, you will waive all objections and have no right to appeal if the settlement is approved. You may, but need not, enter an appearance in the lawsuit through your own attorney. If you do, you will be responsible for your own attorney’s fees and costs. |
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What if I do not want to participate in this lawsuit? |
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To exclude yourself from this lawsuit, you must send in a letter saying that you want to be excluded from the class in In Re H&R Block Express IRA Litigation. Your exclusion request must include your name, address, telephone number, social security number, and signature. You must mail your exclusion request to the following address, received no later than April 28, 2010: Express IRA Settlement EXCLUSIONS, c/o Analytics, Incorporated, Claims Administrator, P.O. Box 2003, Chanhassen, MN 55317-2003.
If you exclude yourself, you cannot receive a settlement payment or comment on the settlement. You will not be bound by any of the Court’s orders in this case, and will keep any right you may have to sue or continue to sue over the H&R Block Express IRA product. |
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What if the person who had the Express IRA has died? |
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Claims can be signed and submitted by the heirs or estate of a deceased class member. Please be sure to include documentation supporting your legal right to file a claim on behalf of the deceased. |
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When and where will the Court hold a hearing on the Settlement? |
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On May 17, 2010, at 10:00 a.m., a hearing will be held before the Honorable Richard E. Dorr, United States District Judge, at the United States District Court for the Western District of Missouri, 222 N. John Q. Hammons Parkway, Springfield, Missouri 65806. |
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Do I have to go to Court for the hearing? May I speak at the Court hearing? |
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You do not have to attend the fairness hearing. Lead Counsel will attend and represent the settlement class. If you do wish to speak at the Court hearing, you must submit a timely objection or comment to the Court as described in paragraph 9c of the Long Notice. Your submission must state that you intend to appear and speak at the hearing, and must also state or summarize the position you intend to present at the hearing. If you do not include these statements, you will not be entitled to speak at the hearing. If you intend to appear at the final fairness hearing through counsel, your objection or comment must also state the identity of all attorneys representing you who will appear at the fairness hearing. |
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What happens if I do nothing at all? |
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If you do nothing you will not be excluded from the lawsuit and will not be able to object to the settlement, but you also will not be in position to receive any payment under the settlement.
You will still be bound by the terms of the settlement. Any right you may have to sue over the H&R Block Express IRA product will be released, and you will be barred from bringing, continuing, or being part of any such lawsuit in the future. |
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I had an Express IRA that I never closed out or transferred to another financial institution. Where is my account now? |
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In September 2008, almost all Express IRAs were converted to Easy IRAs at H&R Block Bank. A written notice of this conversion was mailed to the account holder’s address of record prior to the conversion. A new notice of conversion is being sent out in March 2010 to the handful of Express IRAs that were not converted at that time. |
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How is the Easy IRA different? |
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The Easy IRA has a different fee structure than the Express IRA, but still enables accountholders to select a Roth or Traditional IRA and make contributions to new and existing accounts at www.hrblock.com/bank. All Easy IRA accounts, like the Express IRAs, are FDIC insured for up to $250,000. |
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Did I have to pay a fee for the conversion from Express IRA to Easy IRA? |
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No fees were assessed against account holders for the conversion. |
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What if I have more questions or want more information about the settlement? |
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For additional information, please review the Long Form Notice and/or the Settlement Agreement located in the Settlement Documents section of this website.
If you have questions regarding this website, submitting a claim, or require additional case information, please contact the Settlement Administrator by phone toll free at: 1-866-314-5813 or in writing at the following address:
In re H&R Block, Inc. Express IRA Marketing Litigation
c/o Analytics, Inc., Settlement Administrator
P.O. Box 2003
Chanhassen MN 55317-2003
Email: ClaimsAdministration@ExpressIRASettlement.com |