Frequently Asked Questions
- Why was this Notice issued and why should I read it?
- What is this lawsuit about?
- Why is this lawsuit a class action?
- How do I know if I am included in the Class?
- What if I am not sure whether I am included in the Class?
- If I exclude myself, can I get any relief if Plaintiffs prevail?
- If I do not exclude myself, can I sue Defendant for the same thing later?
- How do I exclude myself from the Class?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- What happens if I do nothing?
- How do I get more information?
- Why was this Notice issued and why should I read it?
The Court authorized the Notice because you may be included in the Class. If you are a Class member, you have a right to know about the pendency of this class action lawsuit and about all of your options. This Notice explains the legal rights and options that you may exercise before the Court decides the matter on the merits of the claims.
Judge Dale A. Crawford of the Ohio Court of Claims is overseeing this case known as Kellie Madyda, et al. v. Ohio Department of Public Safety, Bureau of Motor Vehicles, Case No. 2019-00426JD (Court of Claims of Ohio). The people who sued the Ohio Department of Public Safety, Bureau of Motor Vehicles (“BMV”) are called the Plaintiffs. The BMV that was sued is called the Defendant.
Top - What is this lawsuit about?
Background. Pursuant to the Ohio Driver’s License Law, Deputy Registrars, acting on behalf of the Ohio Registrar, are required to issue “driver’s licenses” and other types of licenses which permit the holder to operate motor vehicles—such as “motorized bicycle licenses”—(collectively, “Licenses”), as well as “identification cards” (“ID Cards”) to applicants who meet the relevant criteria for issuance of such Licenses and ID Cards.
Prior to July 2, 2018, Deputy Registrars printed, laminated, and issued Licenses and ID Cards on-site. Beginning July 2, 2018, Deputy Registrars ceased printing and laminating Licenses and ID Cards on-site in order to comply with the requirements imposed by the federal Real ID Act of 2005.
Allegations. This lawsuit alleges that Ohio law permitted Ohio Deputy Registrars to collect a $1.50 lamination fee (“Lamination Fee”) to compensate them for the service of printing and laminating Licenses and ID Cards on-site. The lawsuit further alleges that Deputy Registrars wrongfully collected Lamination Fees on or after July 2, 2018 through July 2, 2019, despite the fact that Deputy Registrars no longer laminated Driver’s Licenses and ID Cards on-site. Plaintiffs brought claims for violation of the Ohio Constitution and equitable restitution/unjust enrichment. Plaintiffs are seeking to have the $1.50 Lamination Fee refunded to Class members. The BMV denies the allegations in the lawsuit and argues that it was statutorily authorized to charge the Lamination Fees. The Court has not yet decided who is right.
Top - Why is this lawsuit a class action?
In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class and the individuals are called class members. One court resolves the issues for all class members, except for those who validly and timely exclude themselves from the class. Here, four Representative Plaintiffs sued on behalf of a class of all individuals who were charged a Lamination Fee that was paid by the individual or on their behalf by someone else to a Deputy Registrar for the State of Ohio on or after July 2, 2018, through July 2, 2019.
Top - How do I know if I am included in the Class?
On March 20, 2020, the Ohio Court of Claims certified a Class of all individuals who were charged a Lamination Fee that was paid by the individual or on their behalf by someone else to a Deputy Registrar for the State of Ohio on or after July 2, 2018 through July 2, 2019. The Class definition includes individuals to whom a License or ID Card was issued during the Class Period because they are the individuals who were charged the Lamination Fee.
Top - What if I am not sure whether I am included in the Class?
This website provides information to help you determine whether you are a Class member. See Answer to Question # 4 above. If you are still not sure whether you are included in the Class, you may call Class Counsel listed below with any further questions. See Answer to Question # 9 below.
Top - If I exclude myself, can I get any relief if Plaintiffs prevail?
No. If you exclude yourself, you will not be entitled to any money should Plaintiffs prevail, but you will not be bound by any judgment in this case.
Top - If I do not exclude myself, can I sue Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims in this lawsuit. You must exclude yourself from the Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.
If you are requesting exclusion because you want to bring your own lawsuit based on the matters alleged in this class action, you may want to consult an attorney and discuss whether any individual claim that you may wish to pursue would be time-barred by the applicable statute of limitations or repose.
Top - How do I exclude myself from the Class?
The Court will exclude from the Class any member who requests to “Opt Out” by the deadline. Opting Out is the only option that allows you to be part of any other lawsuit against Defendant based on the allegations made in this case. If you Opt Out, you will not be entitled to any relief should Plaintiffs prevail and the Court enter a judgment.
The deadline for excluding yourself by submitting an Opt-Out Form is November 6, 2023. To exclude yourself, you must submit an Opt-Out Form, which is available under the Opt-Out tab of this website, or send a letter that says you want to be excluded from the Class in Kellie Madyda, et al. v. Ohio Department of Public Safety, Bureau of Motor Vehicles, Case No. 2019-00426JD (Court of Claims of Ohio). Include your name, address, and signature. You must mail your written request for exclusion postmarked by November 6, 2023 to:
Madyda v. Ohio Department of Public Safety Settlement Administrator
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P.O. Box 5100
Larkspur, CA 94977-5100 - Do I have a lawyer in this case?
Yes. The Court has appointed Marc E. Dann of Dann Law, and Thomas A. Zimmerman, Jr. of Zimmerman Law Offices, P.C., as Class Counsel in this case (“Class Counsel”). You will not be separately charged for their services. If you want to be represented by your own lawyer, you may hire one at your own expense and enter an appearance in the case.
Class Counsel can be contacted by calling Dann Law (www.dannlaw.com) at (216) 373-0539, or Zimmerman Law Offices, P.C. (www.attorneyzim.com) at (312) 440-0020.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees, plus reimbursement of their litigation costs and expenses, from any Class recovery in this case.
Top - What happens if I do nothing?
If you do nothing and remain in the Class and do not exclude yourself, then you will be legally bound by any judgment in this case. You will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the allegations in this case ever again.
Top - How do I get more information?
The Notice summarizes the allegations in this case. More details, including relevant case documents and an Opt-Out Form, are available under the Case Documents tab of this website. You may also call Class Counsel with questions. See Answer to Question # 9 above.
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