KRISTIJAN NAUMOSKI v WAL-MART STORES EAST LP, and BUDGET TOWING & TRANSPORT, LLC

Case No. 2018-CA-4243 in the Court of the Tenth Judicial Circuit in and for Polk County, FLorida, Circuit Civil Division

COURT ORDERED NOTICE
NAUMOSKI v. BUDGET TOWING

IF YOU HAVE HAD YOUR VEHICLE TOWED AWAY BY BUDGET TOWING, PLEASE READ BELOW:

A settlement has been reached in a class action lawsuit claiming that Budget Towing (“Defendant”) improperly required persons retrieving non-consensually towed vehicles to execute a release of liability. In summary, Plaintiff alleges that Budget Towing presented and then required a signature on an improper release to be provided prior to release of non-consensually towed vehicles. Budget Towing denies that it violated any law or regulation, but has agreed to the settlement to avoid the uncertainties and expenses of continuing the case. The total Settlement Fund will be in the sum of $72,700.00.  There are approximately 200 potential Settlement Class Members. 

  1. Am I a Class Member?

    1. You may be a member of the class if you fit the description below:

      All persons who were non-consensually towed by Budget Towing & Transport LLC from privately owned property located in Polk County, Florida, and required to sign a receipt containing a hold harmless clause, between July 1, 2014 and October 23, 2018, excluding any individuals who timely file a valid written notice of intent to opt out of the Settlement.

  2. What Will the Settlement Mean for Me?

    1. If the Court approves the settlement, you will receive a payment by check.  The Settlement Fund will be divided equally on a pro rata basis among all Settlement Class Members who do not opt out of the settlement.  The gross amount payable to each Settlement Class Member (assuming all 200 potential members participate) will be between $100 and $200, depending on certain deductions that will be made from the Settlement Fund, as approved by the Court, for Class Counsel’s attorneys’ fees, and costs, a service award to the Class Representative, and costs of settlement administration. 

  3. What Do I Need to Do to Receive a Payment?

    1. You need to email or mail a copy of the Budget Towing & Transport receipt along with your full name and contact information. The email address is [email protected]. The mailing address is Naumoski v. Budget Towing, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

  4. Who Represents Me?

    1. The Court appointed attorney Felipe Fulgencio from Fulgencio Law, PLLC to represent the Settlement Class. As Class Counsel, he will seek to be paid legal fees out of the Settlement Fund as described above. He will also seek a service award of $1,500.00 for the Named Plaintiff who brought this case. You may hire and pay for a lawyer at your own expense if you do not wish to be represented by Class Counsel.

  5. What If I Don't Like the Settlement?

    1. You may exclude yourself from participating in the Settlement or object to its terms. To exclude yourself (“opt out”) and keep any rights you may have against Defendant concerning the Hold Harmless at issue in this lawsuit, you must specifically state in writing that you want to opt out of the Settlement and send your written notice to the Settlement Administrator by October 8, 2021. If you do not opt out of the Settlement, you may object to the terms of the proposed Settlement by filing a written objection with the Court by October 8, 2021.

  6. When Will the Court Consider the Proposed Settlement?

    1. The Final Approval Hearing will be conducted before the Honorable Judge Wayne M. Durden, or other presiding judge, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, located at 255 North Broadway Avenue, Bartow, Polk County, Florida, on October 28, 2021, at 2:00 PM, in Courtroom 8B. You may appear by videoconference by going to the Court’s website. You may log in by phone by calling 1.863.225.4022, Conference ID: 530 130 03#.