Georgia Western Sky Settlement

State of Georgia, ex rel. Christopher M. Carr, Attorney General of the State of Georgia, Plaintiff v. CashCall, Inc., WS Funding, LLC, Delbert Services Corporation, J. Paul Reddam, Western Sky Financial, LLC, and Martin A. Webb, Defendants.
In the Superior Court of Fulton County, Atlanta Judicial District, State of Georgia, Civil Action No. 2013-CV-234310

Frequently Asked Questions

Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the distribution process.

  1. How do I know if I am entitled to a monetary payment or other benefits under the settlement?

    If you took out a loan from the online lender Western Sky Financial, LLC (you may also know it as CashCall) and you lived in Georgia at the time you took out the loan, you are entitled to benefits from this settlement.

    MONETARY PAYMENTS

    Some Georgia borrowers are eligible for monetary payments. Eligible borrowers must file a Claim Form to receive their payment. If your original loan amount was more than $3,000 and you repaid an amount equal or greater than your loan proceeds plus 60% interest per annum or if your loan amount was less than $3,000 and you repaid an amount equal or greater than your loan proceeds plus 10% interest per annum, you are entitled to a monetary payment. If you are entitled to a monetary payment, you have been sent a Notice and Claim Form for your eligible loan(s).

    A Notice packet was mailed to all Georgia borrowers who are eligible for a monetary payment on March 24, 2017. If you took out a loan from Western Sky Financial while living in Georgia and you have not received a Notice or if you are not sure if you had a loan that qualifies for a payment, you should contact the Payment Administrator, Dahl Administration, by email at info@GAWesternSkySettlement.com or by calling toll-free to 1-888-865-9788 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time.

    LOAN FORGIVENESS

    Some Georgia borrowers are eligible for loan forgiveness. You do not have to do anything to receive this benefit. On March 23, 2017, Georgia borrowers with open loans still owned, serviced, or collected by Defendants, were sent notice that their loans are discharged canceled, released, forgiven, and adjusted to zero balance.

    CREDIT HISTORY ADJUSTMENT

    All Georgia borrowers are eligible for a credit history adjustment. You do not have to do anything to receive this benefit. On March 9, 2017, Defendants notified all applicable credit bureaus to request that any reporting that they have made for covered loans be removed.

    LOANS SOLD TO THIRD PARTIES BY WESTERN SKY

    If your loan was sold to a third party by Defendants, notification was sent to the third party on March 9, 2017 notifying the third party that the loan should be deemed canceled.

  2. I filed a Claim Form. When will I be paid my monetary benefit?

    The Payment Administrator will begin making payments, in part or in full, in June 2017 to claimants who file valid Claim Forms by May 15, 2017. Under the terms of this settlement, the Defendants will make deposits to the Settlement Fund in periodic payments up to December 31, 2018. Therefore, some claim payments may be paid in multiple distributions and some payments may be delayed for Claim Forms filed after May 15, 2017. Final claim payments will be made in January of 2019, after the last Settlement Fund deposit is made.

    To be eligible for a full or partial claim payment in the June 2017 distribution, you must file your Claim Form by the initial May 15, 2017 deadline.

  3. How are the monetary payments calculated? What is my refund amount?

    If you are eligible for a monetary payment, your total refund amount was printed in the Notice and Claim Form documents mailed to you. If you had more than one loan eligible for a payment, the total payment amount listed in your Notice includes the payments for all of your eligible loans. You only need to file one Claim Form to receive the payment for each eligible loan. If you choose to file your claim online, you will also see your total payment amount before you file.

    If you are eligible for a monetary payment, your payment amount was calculated as follows for each loan:

    • First, the Payment Administrator recalculated the total interest owed on your loan using the original loan proceeds at the interest allowed under Georgia law per annum (for loans over $3,000 this rate is 60%; for loans under $3,000 this rate is 10%), for the final loan term. If your loan was still open at the time of settlement, the end date of your loan term for refund calculation is January 23, 2017, the date on which the Court signed the Stipulated Final Judgment and Order.
    • Second, the Payment Administrator added this new total interest owed to the original loan proceeds to determine the “Total Amount Collectible” under the terms of this Settlement.
    • Third, the Payment Administrator deducted the borrower’s Total Payments from the Total Amount Collectible to determine the Loan Claim Amount (the refund amount before pro rata reduction).
      • The pro rata refunds were calculated by summing all Loan Claim Amounts to determine the Total Claim Amount for all loans.
      • The Payment Administrator then divided the $23,383,365 available from the Georgia Western Sky Settlement Fund to refund eligible borrowers by the Total Claim Amount to determine the Pro Rata Claim Percentage, which is 82.8%.
    • Finally, each refund eligible borrower’s Loan Claim Amount was multiplied by 82.8% to determine the final pro rata refund for that loan.

    In summary, if you had a loan or loans eligible for a pro rata refund, the final amount you receive will be 82.8% of the maximum Claim Amount for that loan.

  4. I did not receive a Notice and Claim Form from the Payment Administrator regarding a monetary payment, but I’m sure I’m eligible for a refund. What should I do?

    If you believe you are eligible for a refund and you did not receive a Notice and Claim Form, the Payment Administrator may not have your current contact information. Contact the Payment Administrator, Dahl Administration, by email at info@GAWesternSkySettlement.com or by calling toll-free to 1-888-865-9788.

  5. The Payment Administrator has told me I am not eligible for a refund, but I’m sure I am. What should I do?

    If you are certain you took out a loan with Western Sky Financial, while you lived in Georgia, and that you have paid more than the principal amount loaned to you plus the applicable interest rate allowed by Georgia law (for loans over $3,000 this rate is 60%; for loans under $3,000 this rate is 10%), you should send your name, address, telephone number, and loan number to info@GAWesternSkySettlement.com or call the Payment Administrator with this information at 1-888-865-9788 and your inquiry will be researched.

  6. What happens if I moved or could not be reached by the Payment Administrator to receive my Notice and submit my Claim Form for payment?

    Your refund will never disappear. The Payment Administrator and the Georgia Attorney General’s office will work to reach all refund eligible Georgia borrowers until December 2018. If you realize that you are eligible for a settlement monetary payment and it is after the initial May 15, 2017 deadline, you may still file your claim by mail at Georgia Settlement Payment Administrator, c/o Dahl Administration, PO Box 3614, Minneapolis, MN 55403-0614 or online at FILE A CLAIM.

  7. What happens if I do not return my signed Claim Form to the Administrator by the May 15, 2017 Claim Form Deadline?

    Your refund is still available to you. The Payment Administrator will distribute refunds for Claim Forms filed with their office by December 2018. However, the sooner you file your Claim Form, the sooner you will receive a payment.

  8. What does the release language mean on the Claim Form?

    In exchange for your refund, you agree to release and forever discharge CashCall, Inc., WS Funding, LLC, Delbert Services Corporation, J. Paul Reddam, Western Sky Financial, LLC and Martin A. (“Butch”) Webb from any independent claims for violations of Georgia laws that you may have arising out of the loan(s) made to you.

    For more detailed information about the claims you are releasing if you submit a Claim Form, read Exhibit A of the Stipulated Final Judgment and Order, which is also the Release listed in Section II of your Claim Form.

  9. Do I have to sign the release to receive my refund?

    You must sign the Release to receive your refund from the Payment Administrator or certify that you agree to the terms of the Release if you file a claim online.

  10. How long is my refund check active?

    Refund checks will be active for 90 days from the date of issue. However, if you contact the Payment Administrator about an uncashed check before December 2018, a new check will be issued to you.

  11. Are the refund and/or loan cancellation benefits I receive taxable?

    The tax consequences of payments and/or loan cancellation received under this, or any, settlement depend on the unique facts and circumstances of each individual borrower. The Attorney General’s Office and the Payment Administrator are not able to provide tax advice. You should consult with a tax professional to determine whether any of the benefits you receive under this settlement are taxable income.

  12. My credit report shows negative reporting by Western Sky/CashCall/Delbert Services. When will my credit history be adjusted?

    All credit bureaus were notified on March 9, 2017 that all loan information relating to loans originated by Western Sky Financial, LLC should be removed from your credit history.

    The credit reporting bureaus may take some time to update their records to remove the negative reporting associated with these loans. If you are still seeing negative reporting after May 31, 2017 , please notify the Payment Administrator by email at info@GAWesternSkySettlement.com or by calling toll-free to 1-888-865-9788 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time.

  13. How can I get additional information?
    By email info@GAWesternSkySettlement.com
    By mail Georgia Settlement Payment Administrator
    c/o Dahl Administration
    PO Box 3614
    Minneapolis, MN 55403-0614
    By phone 1-888-865-9788
    between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time