DAMETRIUS HARRISON et al. v. HUGHES FEDERAL CREDIT UNION

The Court approved the notice because you have a right to know about a proposed settlement of a class action lawsuit and about your options before the Court decides whether to approve the Settlement. HFCU’s records indicate that you may be a Settlement Class Member.

The lawsuit alleges that HFCU violated Arizona law with respect to certain notices HFCU sent to borrowers after repossession of their vehicles. HFCU denies that it violated any law and denies that Plaintiffs or Settlement Class Members are entitled to any recovery.

The Settlement concerns the action pending in the Superior Court of Arizona, Pima County, captioned Dametrius Harrison and Vicki Jo Hines Norton, individually and on behalf of all others similarly situated v. Hughes Federal Credit Union, Case No. C20232230, before the Honorable Greg Sakall. It also resolves the related Norton litigation as described in the Settlement Agreement.

In a class action, one or more people called Class Representatives sue on behalf of people who have similar claims. Here, Dametrius Harrison and Vicki Jo Hines Norton are the proposed Class Representatives. One Court resolves the issues for all Settlement Class Members, except those who exclude themselves. HFCU has challenged whether this case should proceed as a class action but has agreed not to oppose this case proceeding as a class for settlement purposes only.

Plaintiffs believe the Settlement is fair and provides substantial benefits while avoiding the delays, costs, and risks of continued litigation, including class certification, trial, and appeal. HFCU believes the claims are without merit and that Plaintiffs and the Settlement Class may recover nothing if the cases continue. The Court has not decided who is right.

You are included if you meet the Settlement Class definition: (a) all persons who financed the purchase of a motor vehicle for consumer use through Hughes, or who financed the purchase of such vehicle through another entity but such finance agreement was thereafter assigned to HFCU; (b) whose vehicle was pledged as collateral under the finance agreement; (c) from whom HFCU, as secured party, repossessed the vehicle or ordered it repossessed; (d) who had an Arizona address as of the date of repossession; (e) in the period commencing May 18, 2019 through August 4, 2023. If you received the Notice by mail, HFCU’s records indicate that you may be a Settlement Class Member.

Cash Component: HFCU has agreed to create a $7,000,000.00 Settlement Fund. Approved administration costs, Class Counsel fees and expenses, and Class Representative service awards will be paid from that fund. The Net Fund will be distributed pro rata to Cash Payment Eligible Settlement Class Members based on each member’s finance charge and amount financed, per Secured Obligation, as described in the Settlement Agreement. The Settlement Agreement estimates that, using the illustrative deductions described there, payments would equal approximately 14.69% of full statutory damages and the average Settlement Class Member check would be approximately $1,067.00. If after the first distribution of checks to the Class more than $150,000 remains in the Net Fund (from uncashed or undistributable checks), there will be a second distribution of checks to the Class. Any balance that remains after the second distribution will be donated to charitable purposes approved by the Court.
You will be paid a proportionate share of the net settlement proceeds. The estimated payment can be viewed on the Estimated Award Eligibility page. This payment will be sent to you by check unless you promptly request one of the other available payment methods offered via the Select Payment Method button on the website.

Credit Reporting Relief: Not later than sixty (60) days after the Effective Date, HFCU will request that Credit Reporting Agencies delete the trade line for the motor vehicle Secured Obligations and Deficiencies at issue from the credit files of Settlement Class Members. The Credit Reporting Agencies are separate entities from HFCU, and the Settlement Agreement describes the limits of HFCU’s obligations if a Credit Reporting Agency does not delete a trade line after HFCU’s request.

Elimination of Disputed Deficiency Balances: HFCU represents that the aggregate total of claimed Deficiencies is approximately $25,603,000.00. The parties dispute HFCU’s entitlement to those claimed Deficiencies. Unless you timely submit the enclosed Election Not to Accept Compromise of Disputed Deficiency Balance, the Settlement resolves any claimed Deficiency through accord and satisfaction. This relief does not apply to claims excluded from the Settlement Agreement, including certain claims where a Settlement Class Member reinstated a Secured Obligation and got the repossessed vehicle back before auction.

There may be tax implications. The Settlement Administrator will cause any proper Form 1099-series or comparable tax document to issue, if required, for cash distributions to Settlement Class Members over $2,000.00. The Settlement Agreement states that the parties view the reduction of claimed Deficiencies to zero as the result of a contested liability disputed in good faith. HFCU will not issue Forms 1099 regarding Deficiencies unless an agreed accounting firm issues an opinion that such forms must be filed and furnished. You should consult a tax advisor about your individual situation.

No. If the Court finally approves the Settlement and you do not opt out, you will automatically receive any cash payment for which you are eligible and any credit reporting relief provided by the Settlement Agreement. Payments will be sent by check unless you timely contact the Settlement Administrator to request an available alternative electronic payment method and provide the required information.

No. Unless you timely submit the enclosed Election Not to Accept Compromise of Disputed Deficiency Balance, any claimed Deficiency covered by the Settlement will be resolved through the Settlement. If you do not want your claimed Deficiency compromised, complete and mail the Election form postmarked by November 20, 2026, to the Settlement Administrator.

Unless you exclude yourself, you will be bound by the Settlement Agreement and Final Approval Order. You will release the Settled Claims described in the Settlement Agreement and will be barred from suing or continuing to sue HFCU or the Released Persons for those Settled Claims. The specific language of the release is set forth in the Settlement Agreement, which can be found on the Important Court Documents page.

To exclude yourself, mail a written request for exclusion to the Settlement Administrator, postmarked no later than November 20, 2026. The request must include your full name, current address, telephone number, signature, and a statement that you want to be excluded from the Settlement in Harrison v. Hughes Federal Credit Union, Case No. C20232230. No person may opt out for anyone else or for a group.

No. Unless you exclude yourself, you give up any right to sue HFCU for the claims that this settlement resolves.

No. If you exclude yourself, you will not receive money from the Settlement, credit reporting relief, elimination or compromise of a claimed Deficiency, or any other relief provided by the Settlement.

Yes. The Court has appointed Cary L. Flitter, Andrew M. Milz, Jody T. López-Jacobs, and Edward Flitter of Flitter Milz, P.C., and Mark Rubin of Rubin & Bernstein PLLC, as Class Counsel. You will not be charged individually for these lawyers. You may hire your own lawyer at your own expense.

Class Counsel will ask the Court to approve attorneys’ fees not to exceed $2,800,000.00 and expenses not to exceed $50,000.00, to be paid from the Settlement Fund. The Class Representatives will ask the Court to approve service awards of $15,000.00 each, also to be paid from the Settlement Fund. The Court may award less than the amounts requested.

If you are a Settlement Class Member and do not opt out, you may object by filing a written Notice of Objection with the Court and mailing copies to the Settlement Administrator, Class Counsel, and Defense Counsel, postmarked no later than November 20, 2026. Your objection must include the information required by the Settlement Agreement and Preliminary Approval Order, including your name, address, telephone number, email address if available, last four digits of Social Security number, each objection and supporting facts, documents and evidence relied upon, attorney or expert information if applicable, whether you intend to appear, and a signed declaration under penalty of perjury.

The addresses for objections and notices of appearance are:

Objecting tells the Court that you do not like some part of the Settlement but you remain in the Settlement Class. Excluding yourself tells the Court that you do not want to be part of the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing on December 7, 2026, at 10:00 a.m. before the Superior Court of the State of Arizona in Pima County. At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; whether to approve Class Counsel fees and expenses; whether to approve service awards; and whether to enter final judgment.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense. If you file a timely and proper objection, the Court will consider it even if you don’t attend.

You may ask the Court for permission to speak at the Final Approval Hearing by filing and serving a Notice of Intention to Appear in the manner required by the Preliminary Approval Order and Class Notice. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing and the Court finally approves the Settlement, you will remain in the Settlement Class, receive any payment and credit reporting relief for which you are eligible, and any claimed Deficiency covered by the Settlement will be resolved unless you timely submit the enclosed Election Not to Accept Compromise of Disputed Deficiency Balance.

Yes. The notice summarizes the Settlement. More details are in the Settlement Agreement and related Court papers, which may be reviewed on the Important Court Documents page, or by contacting the Settlement Administrator or Class Counsel. Please do not contact the Court, HFCU, or HFCU’s counsel with questions about the Notice.

Settlement Administrator email: [email protected]
Settlement Administrator telephone: 1-866-473-1092
Class Counsel telephone: 1-888-668-1225

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Harrison v HFCU c/o Settlement Administrator, P.O. Box 23648, Jacksonville, FL 32241.

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Harrison v HFCU c/o Settlement Administrator, P.O. Box 23648, Jacksonville, FL 32241.

Two documents are required for a name change for a deceased Class Member. They are: 1) A copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

Alternatively, you can submit the required documents by mail to: Harrison v HFCU c/o Settlement Administrator, P.O. Box 23648, Jacksonville, FL 32241.