EUGENE SALAZAR v. ABQ, INC., FJS, LLC, and U DRIVE ACCEPTANCE CORP, INC., d/b/a RIGHT WAY SALES AND LEASING Settlement

No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

Plaintiff Eugene Salazar filed this class action lawsuit against Defendants ABQ, Inc., FJS, LLC, and U Drive Acceptance Corp, Inc. These Defendants do business as “Right Way Sales and Leasing.” The lawsuit concerns vehicles repossessed by Right Way starting December 8, 2016. Plaintiff alleges that Right Way sent notices to consumers following these repossessions that violated the law. Right Way denies these allegations. The lawyer representing Plaintiff and the class is Nicholas Mattison, who works at the consumer protection law firm Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000W, Albuquerque, NM 87102, (505) 243-7773, www.nmconsumerwarriors.com.

The Court has ruled that Plaintiff is the representative of the following group, or “class” of people: “All persons who, starting four years prior to the filing of this lawsuit, received the form Notice or similar notice after having their vehicle repossessed subject to a secured loan with Right Way.”

The parties have negotiated a settlement in the amount of $300,000. If approved by the Court, class members will receive checks as described below. Plaintiff will also use the cash portion of the settlement amount to pay his attorneys’ fees, litigation costs, costs of class administration (such as the cost of sending the notice and distributing checks), and applicable taxes. Plaintiff plans to request that the Court approve payment of $60,000 to cover attorneys’ fees (including gross receipts tax), $2,408.17 to cover costs other than administration, plus $16,942 to cover costs of administration. Plaintiff will also request the Court to approve payment of a service award of $5,000 for Mr. Salazar, reflecting his work in this case. The remaining $215,649.83 will be divided between class members. Class members will receive checks in the estimated amount of $329.73. Class members will receive other benefits. Right Way has agreed to forgive the outstanding debts of all class members, and to request, or cause to be requested, any information reported to any credit agency concerning these accounts.

Plaintiff has litigated this case for four years and did his best to get as much as possible for the class. Plaintiff strongly believes that the proposed settlement is in the best interest of class members, and that there is a substantial possibility that the class would receive less – or even nothing – were the case to continue without settlement.

If you take part in the settlement and do not object to it, you do NOT have to appear at the hearing.

IN ORDER TO OBTAIN THE BENEFITS OF THIS LAWSUIT, YOU DO NOT HAVE TO DO ANYTHING.  

However, if the notice was forwarded by the Postal Service, or if it was sent to you at an address which is not current, you should immediately contact the class administrator named below [email protected], stating your past and current addresses.  If you move from the address on record, you should send notice of your new address again. 

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 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: Salazar v Right Wing Sales, c/o ALCS  P.O. Box 23668, 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: Salazar v Right Wing Sales, c/o ALCS  P.O. Box 23668, 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: Salazar v Right Wing Sales, c/o ALCS  P.O. Box 23668, Jacksonville, FL 32241.

If you exclude yourself from the settlement, you will not receive any benefits, including any check or loan forgiveness.  You will not be bound by the settlement, and you will keep your individual right to sue Defendants on the claims raised in this litigation.  If you exclude yourself, you cannot also object to the settlement.  If you want to exclude yourself from the settlement, you must file a request to be excluded in writing.  The request must contain: (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of your notice); (c) a statement that you want to be excluded from the class and the settlement; and (d) your signature.  You must, no later than June 16, 2025, file your request to be excluded from the class with the Second Judicial District Court, 400 Lomas Blvd. NW, Albuquerque, NM, 87102, and also mail a copy of it to Plaintiff’s counsel, Nicholas H. Mattison, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000 West, Albuquerque, NM 87102.  If your request to be excluded is not postmarked on or before June 16, 2025, it will not be considered by the Court and you will remain a class member.

You have the right to object to the proposed settlement, and also to the proposed relief to class members, the proposed award of attorneys’ fees, taxes, and costs, and the proposed service award.  If you object to the settlement, you must submit your objection in writing.  You must, no later than June 16, 2025, file your objection with the Second Judicial District Court, 400 Lomas Blvd. NW, Albuquerque, NM 87102 and also mail a copy of it to Plaintiff’s counsel, Nicholas H. Mattison, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000 West, Albuquerque, NM, 87102.  Any objection must include (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of your notice); (c) if you plan to appear through counsel, counsel’s name, address and phone number; (d) a detailed statement of the specific legal and factual bases for each and every objection, and, if through counsel, a legal memorandum in support of the objection; (e) a list of any witnesses, along with the expected testimony of each such witness, and photocopies of exhibits which the objector intends to introduce at the final approval hearing; and (f) your signature.  If your objection is not postmarked on or before June 16, 2025, it will not be considered by the Court.  IF YOU DO OBJECT, YOU ALSO MUST APPEAR AT THE HEARING ON June 26, 2025.

The Notice that you received is pretty informative about the settlement.  Please read it as it likely has the answers you are seeking.  However, if you need something specific and cannot find the answer, you can contact the settlement administrator at  [email protected].  You may also contact The lawyer representing Plaintiff and the class, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000W, Albuquerque, NM 87102, (505) 243-7773, www.nmconsumerwarriors.com

DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS.  They are not permitted to answer your questions.