Who is included in this settlement?
This settlement concerns the listed online lenders and loans during the class period. Receiving the notice means you were identified as a class member unless you choose to exclude yourself.
- You are in the Settlement Class if you obtained a loan from one of the listed LDF Lending Companies between July 24, 2016, and October 1, 2023.
- Cash eligibility is narrower. It depends on payments made on the loan and the law of the state where you lived when you took out the loan.
Do I need to do anything to receive a cash payment?
Whether you cashed the earlier First LDF Settlement check affects what you need to do for a cash award in this settlement.
- If you qualify for cash and cashed your check from the First LDF Settlement, the Settlement Administrator will send this payment automatically.
- If you were entitled to a First LDF Settlement payment but did not cash that check, you must submit a request for payment for this settlement.
- The notice does not state a deadline for submitting that request.
How do I submit a request for payment if I did not cash my earlier settlement check?
This request process applies to a person who was entitled to a payment in the First LDF Settlement but did not cash that earlier check.
- Submit the request online, by email with “Request for Payment” in the subject line, or by mail.
- Include your name, Notice ID, current mailing address, and an email address or telephone number.
- The notice does not say that loss records or other supporting documents must be sent with this request.
When would a class member not receive a cash payment?
Even if you do not qualify for cash, the notice says you receive the settlement’s other benefits.
- You do not receive cash if you made no payments on the loan.
- For the states in the notice’s first state list, you do not receive cash if you did not pay more than the loan principal.
- For the states in its second list, you do not receive cash if you did not pay interest above the state’s legal limit.
- People who lived in Utah or Nevada do not receive a cash payment because the notice says those states have no interest-rate restrictions.
How is a cash award calculated?
The notice does not give a fixed payment amount for each person. It says the available fund will not be enough to fully repay everyone for covered loan payments.
- An award is based on principal paid and/or interest paid above the legal limit in the applicable state, as well as the money available in the fund.
- Awards will be proportionate shares, not full repayment of what each person paid.
- The $16.5 million fund is reduced by Court-approved service awards, attorneys’ fees, notice costs, and administration costs before class payments.
What benefits are available besides a cash payment?
The settlement includes these non-cash commitments in addition to the cash fund.
- For three years, the settling defendants agree not to knowingly provide capital, services, or other affirmative assistance to the LDF Lending Companies or their known successors.
- They also agree not to knowingly assist collection of class-period loans, including third-party collection attempts.
- This benefit applies regardless of whether you made payments on the loan.
What happens if I stay in the settlement or exclude myself?
Excluding yourself means you cannot receive settlement benefits, including a cash payment. It is the option for someone who wants to keep the ability to bring or join another lawsuit over the claims being settled.
- To exclude yourself, mail an Exclusion Request by January 4, 2027.
- The request must include the case name, your contact information, either identifying loan information or the last four digits of your Social Security number, a clear request to be excluded, and your signature.
- If you remain in the settlement, you give up the right to sue the released parties over the loan-related claims covered by the settlement.
Other Important Dates
- Exclusion deadline: 2027-01-04
- Objection deadline: 2027-01-04
- Final approval hearing: February 18, 2027, at 11:00 a.m.
- Hearing location: Courtroom of Judge Roderick C. Young, United States District Court for the Eastern District of Virginia, 701 East Broad Street, Richmond, VA 23219
Case Details
- Total settlement fund: $16,500,000
- Case name: Jeffrey Bradby, et al. v. Vivus Servicing, Ltd., et al.
- Case number: 3:26-cv-00633 (RCY-MRC)
- Court: United States District Court for the Eastern District of Virginia
- Administrator: Settlement Administrator
- Official Settlement Website: https://www.consumerloansettlement2.com
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits
