Dollar Financial Corp Announces Agreement to Settle British Columbia, Canada Class Action Litigation
March 04 2010 - 4:59PM
Business Wire
Dollar Financial Corp (NASDAQ:DLLR), a leading international
financial services company serving unbanked and under-banked
consumers, announced today that it has reached an agreement to
settle its British Columbia class action litigation, in which the
plaintiffs claimed that the business model used by the Company’s
Canadian subsidiary, National Money Mart Company (NMMC), resulted
in the collection of fees in excess of the statutory limit for
payday loans made since 1997. In addition, the Company announced
court approval of the previously announced settlement of its
comparable Ontario class action litigation.
Jeff Weiss, the Company’s Chairman and Chief Executive Officer,
stated, "Our agreement to settle the British Columbia litigation,
coupled with the court’s approval of our Ontario settlement,
accelerates our progress in putting behind us the legal challenges
to our payday loan product, all of which relate to periods of time
before the 2009 adoption in British Columbia and Ontario of payday
loan industry regulations. NMMC presently provides payday loans in
both provinces below the regulations’ rate caps and continues to be
the lowest cost provider in those provinces.”
Under the summary terms of the British Columbia settlement, the
Company will create a settlement fund in an amount of C$24.75
million, consisting of C$12.375 million in cash and C$12.375
million in vouchers. Fees payable to plaintiffs’ counsel will be
paid from this fund. The remaining amount of the fund will be
available to class members who make claims, with the Company
receiving a credit for any unpaid debts incurred through November
1, 2009 and owed by claimants to the Company. As part of the
settlement, the Company will release all debts incurred through
November 1, 2009 by class members who do not make a claim, up to
the total check cashing fees paid by those class members through
that date. The vouchers will be in paper form, will not be
transferable, will be subject to cash redemption for six months
after their three-year life, and will be available to be applied
during the three years generally in C$5.00 increments to product
transactions on most of NMMC’s products. Any amounts remaining in
the settlement fund after the redemption period will be returned to
NMMC.
The British Columbia settlement will be set forth in a
definitive settlement agreement which will be subject to final
court approval. The Company expects final settlement approval by
June 30, 2010, although there can be no assurances in that regard.
The Company expects to record a charge of C$12.375 million
associated with the cash component of the settlement fund, and an
additional non-cash amount that will be based on the expected value
of the vouchers.
The Company announced the expected settlement of its Ontario
class action litigation in June 2009 and at that time recorded a
provision for the expected costs of the Ontario settlement in the
quarter ended June 30, 2009. After a hearing on February 22, 2010,
the Ontario Superior Court of Justice released its orders on March
3, 2010 approving the settlement. The court order is subject to
appeal for 30 days.
About Dollar Financial Corp
Dollar Financial Corp is a leading diversified international
financial services company primarily serving unbanked and
under-banked consumers. Its customers are typically service sector
individuals who require basic financial services but, for reasons
of convenience and accessibility, purchase some or all of their
financial services from the Company rather than from banks and
other financial institutions. To meet the needs of these customers,
the Company provides a range of consumer financial products and
services primarily consisting of check cashing, short-term consumer
loans, automobile loans and services, pawn lending, Western Union
money order and money transfer products, currency exchange, gold
buying, reloadable VISA® and MasterCard® branded debit cards,
electronic tax filing, and bill payment services.
At December 31, 2009, the Company’s global store network
consisted of 1,172 stores, including 1,043 company-operated
financial services stores and 129 franchised and agent locations in
the United States, Canada, United Kingdom, Republic of Ireland, and
Poland. The financial services store network is the largest network
of its kind in each of Canada and the United Kingdom and the
second-largest network of its kind in the United States. The
Company’s customers, many of whom receive income on an irregular
basis or from multiple employers, are drawn to the convenient
neighborhood locations, extended operating hours and high-quality
customer service. The Company’s financial products and services,
principally check cashing, money transfer, pawn lending and
short-term consumer loan programs, provide immediate access to cash
for living expenses or other needs. For more information, please
visit the Company's website at www.dfg.com.
Forward Looking Statement
This news release contains forward looking statements, including
statements regarding the following: summary terms, finalization and
court approval of the settlement of British Columbia litigation;
the expiration of the appeal period regarding court approval of the
Ontario settlement; the Company’s future results, growth, guidance
and operating strategy; current litigation matters; the global
economy; the effects of currency exchange rates on reported
operating results; the developing regulatory environment in Canada
and the United States; the impact of future development strategy,
new stores and acquisitions; and the performance of new products
and services. These forward looking statements involve risks and
uncertainties, including: uncertainties related to the effects of
changes in the value of the U.S. dollar compared to foreign
currencies; and risks related to: the regulatory environments;
current and potential future litigation; the integration and
performance of acquired stores; the performance of new stores; the
impact of debt financing transactions; the results of certain
ongoing income tax appeals; and the effects of new products and
services on the Company’s business, results of operations,
financial condition, prospects and guidance. There can be no
assurance that the Company will attain its expected results,
successfully integrate any of its acquisitions, or attain its
published guidance metrics, or that ongoing and potential future
litigation or the various FDIC, Federal, state, Canadian or foreign
legislative or regulatory activities affecting the Company or the
banks with which the Company does business will not negatively
impact the Company’s operations. A more complete description of
these and other risks, uncertainties and assumptions is included in
the Company’s filings with the Securities and Exchange Commission,
the Company’s annual reports and Forms 10-Q and 10-K. You should
not place any undue reliance on any forward-looking statements. We
disclaim any obligation to update any such factors or to publicly
announce results of any revisions to any of the forward-looking
statements contained herein to reflect future events or
developments.
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