This agreement (“Agreement”) is made and entered into between the undersigned client (“Client”) and RecoverMyFee.com LLC (hereinafter referred to as RMF), collectively referred to as the “Parties.”
Purpose of Agreement
This Agreement outlines the terms under which RMF is engaged to assist Client in obtaining a settlement payment related to the class action lawsuit titled In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (the “Action”). The Action involves claims regarding excessive fees charged to businesses that accepted Visa and Mastercard payments in violation of antitrust laws. RMF will assist in determining Client’s eligibility and facilitating the submission of Client’s claim for settlement benefits.
Scope of Services
RMF will provide the following services to Client:
- Verify Client’s eligibility for participation in the settlement.
- Prepare and submit the Claim on Client’s behalf.
- Communicate directly with the Settlement Administrator, Epiq Class Action & Claims Solutions, Inc., regarding the Claim.
- Respond to any follow-up requests from the Settlement Administrator concerning additional documentation or information needed to substantiate the Claim.
RMF will use its best efforts to ensure that the Claim is processed accurately and efficiently. However, RMF does not guarantee any particular outcome or recovery amount.
No Upfront Fees
There are no upfront fees required from Client for any of RMF’s services. All fees are contingent upon the successful recovery of settlement funds. If no settlement recovery occurs, Client will owe no fees or expenses to RMF.
Fees for Services
RMF charges a fee of 35% of Client’s gross recovery from the settlement. This fee will be deducted from the settlement amount, and the remainder will be paid to Client. If no recovery is made, Client will not be liable for any fees.
Client’s Acknowledgment and Consent
Client acknowledges that by signing this Agreement, they are engaging RMF to assist with their claim in the Action. Client agrees to provide truthful and accurate information, including any required documentation, and to grant RMF full authority to act on Client’s behalf throughout the process.
Independent Claim Filing Option
Client is aware that they have the option to file a claim directly with the Settlement Administrator, as no-cost assistance is available from the Administrator and Class Counsel. However, Client has chosen to engage RMF to handle the claim process on their behalf.
Authority to Act on Client’s Behalf
By signing this Agreement, Client authorizes RMF to represent Client in all matters related to the settlement claim, including submitting documentation and managing communications with the Settlement Administrator.
Sworn Statements and Documentation
Client may be required to sign a sworn statement under penalty of perjury to support the Claim. Client authorizes RMF to execute such statements on their behalf and confirms that the information provided in support of the claim is accurate and complete.
Client’s Responsibilities
- Cooperate fully with RMF throughout the claim process.
- Provide all necessary and truthful information requested by RMF.
- Keep RMF updated with accurate contact information.
- Respond promptly to any requests for further documentation or clarification.
Payment Distribution Process
Client Payment Distribution and Proportional Share
Client understands that their portion of the Settlement will be based on their proportional share of the total fund, after deductions for attorney’s fees, administrative costs, service awards, etc. The exact payment amount will only be determined once all claims are processed. All Settlement funds owed to Client will be sent to RMF. RMF will deduct its agreed-upon fees and, within 10 business days, will remit the net Settlement funds to Client. Client agrees that this Agreement serves as instruction to the Settlement Administrator to make payments in this manner. If the Settlement Administrator issues a check in Client’s name, Client grants RMF power of attorney to endorse the check on their behalf and deposit it into RMF’s account. RMF will retain its fees and promptly send the remaining net funds to Client. If payment is sent directly to Client, Client agrees to remit RMF’s fees via ACH, wire transfer, or Zelle within three (7) calendar days.
IRS Compliance and Levy Acknowledgment
Client acknowledges that if a levy is placed on their company or any legal obligation arises, RMF may be required to comply with IRS or other governmental directives. In such cases, RMF will not be held liable for any impact resulting from compliance with such directives and Client agrees to indemnify RMF for any obligations imposed.
Third-Party Assistance
RMF reserves the right to engage other professionals, including attorneys or consultants, to assist in the settlement process. Client will not be charged additional fees for such assistance unless otherwise agreed upon in writing.
Term of Agreement
This Agreement shall remain in effect until the settlement process is complete, unless terminated earlier by either party in accordance with the provisions outlined herein.
Dispute Resolution
Any disputes arising under or related to this Agreement will be resolved through binding arbitration in New York. The arbitration will be conducted in accordance with the rules of the arbitration provider chosen by RMF, or by a New York court if arbitration is not suitable.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any dispute that cannot be resolved through arbitration may be resolved by a court in New York.
Confidentiality
The terms of this Agreement and any confidential information shared between the Parties shall be kept confidential, except where disclosure is necessary for the claims process or required by law, including disclosures to the Settlement Administrator, Class Counsel, or the Court.
Indemnity
Client agrees to indemnify and hold harmless RMF from any liability, loss, or damage resulting from a breach of this Agreement, including the failure to provide accurate information or from any legal obligations, such as tax liabilities or disputes arising out of the claim.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the consulting services to be provided by RMF. Any modifications or additions to this Agreement must be made in writing and signed by both Parties. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in effect.
