eRentPayment LLC, (“eRent”), is a Colorado corporation that provides an online service where landlords can receive direct payments from their tenants using an online portal through the automatic clearing-house (ACH) system. The ACH system is a mechanism whereby a person with a checking account can have their account electronically debited to pay bills and other expenses. On or about October of 2017, landlords who used the eRent service began noticing that payments made by their tenants were not depositing to the landlord’s account.
A putative class action was filed by four named plaintiffs, in Larimer County District Court, a state court in Colorado, against eRent. Since that time, another defendant, who may have some additional responsibility for the losses suffered by the landlords, has been added to the lawsuit. The purpose of the lawsuit, stated simplistically, is to obtain as much of a recovery as possible for the landlords who utilized the eRent service, and whose tenants made a rent payment using that service, where the tenant’s payment was not deposited to the landlord’s account. We believe the operative time period is at or near October of 2017. However, there could be additional months where a landlord did not receive a payment actually made by a tenant using eRent’s service.
We are a law firm based in Denver, Colorado, that is representing the four named plaintiffs and the putative class of landlords described in the previous paragraph. In order to certify the case as a class action, and in order to take other important steps required under existing law in the lawsuit, we must request and disclose information to the court and the attorneys representing the other parties. The purpose of this website is to provide a means to obtain that necessary information from potential members of the putative class of landlords who may be entitled to compensation as a result of not receiving payments actually made by tenants but that were not received by the landlords.
Please note that this website is currently geared towards obtaining information, and that there are additional legal protections in class action cases that require all potential class members (here the landlords described above) to receive notice, an opportunity to respond, and a chance to opt out of any class sought to be certified and a chance to opt out of any class action settlement. Further, class action settlements must be approved by the court to ensure fairness. As this matter progresses, additional information will be provided.
In order to comply with our legal obligations to the court, opposing parties, and the putative class members, we must obtain information that defines the scope and extent of the potential victim-landlords, and to obtain necessary documents. Below are requests for information. Please read below carefully, and provide a brief description of the information requested. If an information request does not apply to you, please state “not applicable” instead of just leaving blank. The information should be sent to email@example.com or complete our secure questionnaire. https://app.smartsheet.com/b/form/3f24106dec714f02895d66c9708e8d8c
Accordingly, if you are a landlord, whether an entity or a natural person, who had a tenant, whether an entity or natural person, that used the eRent system to receive payments, and you did not receive a payment actually made by your tenant using the eRent system from September 1, 2017 through March 2, 2018, please provide the following information:
1. Your name, address, email, and phone number:
2. The name, address, email, and phone number of your tenant:
3. The address of the property that was leased by your tenant:
4. The due date of the payment or payments that were not received by you:
5. The amount of the payment or payments that were not received by you:
6. Confirm whether you have undertaken any investigation, review, or conversation with your tenant to ensure they actually made their payment, and if so, what it is that you did to ensure your tenant made their payment:
7. The lease or rental agreement that demonstrates the relationship between you and your tenant:
8. Whether your tenant performed any chargeback, return, cancellation, or other action to obtain a return or cancellation of their payment or payments made through the eRent system, and if so, a short description of what action was taken and the result, including most importantly, the amount involved:
9. Whether you performed any chargeback, return, cancellation, or other action directly or through your financial institution or otherwise, to obtain a return or cancellation of your tenant’s payments made through the eRent system, and if so, a short description of what action was taken and the result, including most importantly, the amount involved:
10. The date or dates of items 8-9, above:
11. Any additional harm, losses, or monetary damages you believe you suffered other than the failure to receive the rent payment or payments, as a result of your failure to receive the rent payment or payments, such as emotional distress, the inability to pay other bills, whether directly or indirectly related, and a short description of that harm, loss, or monetary damage by amount and type:
Once we have obtain the above-requested information, we will begin to move forward with class certification and settlement negotiations. We will continue to communicate with you via electronic mail and this website to provide additional updates, as well as through the communication protocols required by the court.
Please understand that the factual information you provide may be disclosed, but there is a protective order in place in the lawsuit to prevent that disclosure from reaching beyond the parties, their attorneys, and court personnel. In short, it will remain confidential within the lawsuit and the parties, attorneys, and court involved, and will not be given to parties outside the lawsuit.
If you have a specific question, please contact firstname.lastname@example.org so that it may be answered or forwarded to an attorney for review and response.