CURTIS DIXON et al. v. BENJAMIN E. GATZKE et al.

Case No. 24-cv-11834 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

Frequently Asked Questions

  1. Why am I receiving the Notice?

    1. A federal court authorized the Notice because you have a right to know about the proposed Settlement in this class action lawsuit and about your options before the Court decides whether to approve it. The lawsuit is called Dixon v. Gatzke, Case No. 1:24-cv-11834, and is pending before the Honorable Matthew F. Kennelly in the United States District Court for the Northern District of Illinois in Chicago. The Court has not decided who is right or wrong. Instead, the parties have agreed to resolve the lawsuit through this Settlement, and the Court must determine whether the Settlement is fair, reasonable, and adequate before it can take effect. If the Court approves the Settlement, you will be bound by its terms and by the Court’s orders in this case, unless you exclude yourself. The Notice explains what the lawsuit is about, what the Settlement provides, and what choices you have.

  2. What is this lawsuit about?

    1. This lawsuit challenges loans made by Bright Lending. Plaintiffs Curtis Dixon and Paula Flamini claim that Bright Lending charged interest rates far exceeding the limits allowed under Illinois and other state laws, and that Defendants are legally responsible for those loans. Defendants deny all of these claims. No court has decided who is right. The parties have agreed to settle to avoid the costs and uncertainty of continued litigation.

      Important case documents may be accessed on the Important Court Documents page. 

  3. Why is this a Class Action?

    1. In a class action, one person or a small group of people sues on behalf of a larger group of people with similar claims. Here, Plaintiffs Dixon and Flamini filed this lawsuit on behalf of all Bright Lending borrowers who they claim were harmed by the same unlawful lending practices. If the Court approves the Settlement, it will resolve the claims of all class members at once, except those who exclude themselves.

  4. How do I know if I am included in the settlement?

    1. The Settlement covers two groups of borrowers, called the Monetary Relief Class and the Debt Relief Class. You cannot be a member of both Classes. If you are a member of the Monetary Relief Class, you are not a member of the Debt Relief Class, even if you also have a separate loan that has not been paid off. You may still receive debt cancellation on that loan, but that does not make you a Debt Relief Class Member.

      Monetary Relief Class. All United States residents who (1) entered into at least one loan agreement with Bright Lending between October 1, 2020 and June 4, 2026; and (2) paid back at least one loan fully, excluding residents of Nevada and Utah.

      Debt Relief Class. All United States residents who (1) entered into at least one loan agreement with Bright Lending between October 1, 2020 and December 31, 2024; (2) did not fully pay back at least one loan; and (3) are not members of the Monetary Relief Class. The Debt Relief Class excludes residents of Nevada and Utah.

      If you received the Notice, Defendants’ records indicate that you are a member of one of these Classes. You will remain a Class member unless you exclude yourself by the deadline described in FAQ question 8.

  5. What will I get from the settlement?

    1. The Settlement provides two types of benefits, depending on which Class you are in.

      Monetary Relief Class. If you are a member of this Class, you will receive a cash payment from the $15,000,000 Settlement Fund. Your payment will be calculated on a pro rata basis, based on the amount of alleged usurious interest that you paid above the principal amount of your loan. If you did not pay allegedly usurious interest above your loan’s principal, you will receive $15. No payment will be less than $15. You do not need to file a claim. If you are eligible, your payment will be sent automatically—either mailed to you as a check or sent electronically, if you elect electronic payment—after the Settlement becomes final and effective. If you also have a separate loan that was taken out between October 1, 2020 and December 31, 2024 and remains unpaid, you may also receive debt cancellation on that loan.

      Debt Relief Class. If you are a member of this Class, any outstanding balance on a loan you took out with Bright Lending between October 1, 2020 and December 31, 2024 will be cancelled after the Settlement becomes final. You will owe nothing further on that loan.

      In addition, for members of either class, Bright Lending will request that consumer reporting agencies delete any negative entries previously reported by Bright Lending related to loans made during the class period, and Defendants have agreed not to sell class members’ personal information to third parties for marketing purposes. Bright Lending will make the deletion request after the Settlement becomes final. Separately, once the Settlement becomes final, for any outstanding loan balances covered by the Settlement, Bright Lending has agreed to stop all collection activity and will not sell those loans to third parties.

      For more details, including on how payments will be calculated and distributed, visit the Estimated Award Eligibility page.

  6. What do I have to do to receive my payment?

    1. Nothing, unless you would prefer to receive payment electronically. If you are entitled to a cash payment, the Settlement Administrator will automatically mail you a check to the address listed at the top of the Notice. If that address is incorrect, or if you would prefer to receive your cash payment electronically (ACH, Venmo, PayPal, Zelle) instead of by check, you must tell the Settlement Administrator by December 21, 2026. You can do this by visiting the Select Payment Method page.

      To find out whether you qualify for a cash payment, visit the Estimated Award Eligibility page.

      Eligibility information may not be available immediately. Please allow up to 30 days after you receive the Notice before checking. Once it is available, you can look up your eligibility using your last name and the unique identifying number printed at the top of the Notice.

  7. What am I giving up to get benefits and stay in the settlement class?

    1. Unless you exclude yourself, you are a Class member. 

      If you remain a member of the Monetary Relief Class, you release all claims against Defendants and the other Released Parties arising out of or relating to any loan you had with Bright Lending, whether or not that loan is the one that made you eligible for the cash payment. This release covers both claims actually brought in this lawsuit and claims that could have been brought, including claims you don't know about or suspect exist. This means you will not be able to pursue or recover any additional money from Defendants or the Released Parties related to any Bright Lending loan, beyond what you receive through this Settlement.

      If you remain a member of the Debt Relief Class, you give up the right to bring a class action, collective action, representative action, coordinated mass action, mass arbitration, collective arbitration, or other aggregated proceeding against Defendants and the Released Parties on any claims that were brought in this lawsuit, or that could have been brought. You keep the right to bring an individual lawsuit or individual arbitration on any such claims.

      Staying in the Class means that any Court orders pertaining to this Settlement will apply to you and legally bind you.

      The full Settlement Agreement is available on the Important Court Documents page. It describes the Released Parties and Released Claims in full legal detail, so please read it carefully. If you have questions, you can speak, free of charge, with the attorneys appointed by the Court to represent the Classes, identified below. You may also consult a lawyer of your own choosing, at your own expense.

  8. How do I exclude myself from the settlement?

    1. To be excluded from this Settlement, you must mail an “Exclusion Request.” To do so, write your own letter which must include: 

      • The name of this action: Dixon v. Gatzke;
      • Your name, address, and telephone number;
      • The statement: “I request to be excluded from the class settlement in this case”; and 
      • Your signature. 

      Your Exclusion Request must be personally signed by you, and may only request exclusion for you individually; no one else may submit an exclusion request on your behalf, and “mass” or “class” exclusion requests are not permitted. If you are a Monetary Relief Class Member who also has an unpaid loan eligible for debt cancellation you cannot exclude yourself from only part of the Settlement; any Exclusion Request will exclude you from the Settlement entirely. Your Exclusion Request must be postmarked no later than December 21, 2026, and mailed to: 

      Dixon v Gatzke (956)
      c/o Settlement Administrator
      P.O. Box 23459
      Jacksonville, FL 32241-3459

  9. How do I tell the court that I object to and do not like the settlement?

    1. Objecting to the Settlement is different than excluding yourself from the Settlement. 

      If you are a Class member and you do not exclude yourself from the Settlement, you can object to the Settlement if you think the Settlement is not fair, reasonable, or adequate, and that the Court should not approve the Settlement. You also have the right to appear personally and be heard by the Judge. The Court and the Parties will consider your views carefully. 

      To object, no later than the deadline described below, you must (1) file or mail your written objection to the Court and (2) mail or email a copy to the Settlement Administrator at the addresses listed below:

      COURT
      Clerk of the Court
      United States District Court
      Northern District of Illinois 
      219 South Dearborn Street 
      Chicago, IL 60604

      SETTLEMENT ADMINISTRATOR
      Dixon v Gatzke (956)
      c/o Settlement Administrator
      P.O. Box 23459
      Jacksonville, FL 32241-3459
      Or by email to: [email protected]


      All objections must include: 

      • The name of this action: Dixon v. Gatzke;
      • Your name, address, and telephone number;
      • Your account number (if you know it) with Bright Lending;
      • A sentence confirming that you are a Settlement Class Member;
      • The factual basis and legal grounds for your objection to the Settlement; and
      • A list of any prior cases in which you or your counsel have objected to a class settlement.

      Counsel representing an objecting Settlement Class Member must enter an appearance in this action.
      Your objection must be postmarked no later than December 21, 2026, when mailed to the Court. Your copy to the Settlement Administrator must be postmarked or, if sent by email, time-stamped, by the same date. No later than 14 days before this objection deadline, Class Counsel will apply to the Court for an award of attorneys’ fees and costs, as well as a service award to each Plaintiff in this lawsuit. This motion and any supporting papers will be posted on the Important Court Documents page.

  10. When and where will the Court decide whether to approve the settlement?

    1. The Court will hold a telephonic hearing to decide whether to approve the Settlement on January 19, 2027 at 9:00 a.m. in the courtroom of Judge Matthew F. Kennelly of the United States District Court for the Northern District of Illinois. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. 

      If there are objections or comments, the Court will consider them at that time. The hearing may be moved to a different date or time without additional notice. Please check the Key Dates page or call 1-800-797-0699 to be kept up-to-date on the date, time, and location of the hearing.

  11. Do I have to come to the hearing?

    1. No. But you are welcome to come at your own expense. As long as you mailed your written objection on time, the Court will consider it. You may also retain a lawyer to appear on your behalf at your own expense.

  12. Do I have a lawyer in the case?

    1. Yes. The Court has appointed the following attorneys as Class Counsel to represent you and all other Settlement Class Members:

      John Albanese and Ariana Kiener
      Berger Montague P.C. 
      1229 Tyler Street NE, Suite 205
      Minneapolis, MN 55413

      These lawyers will not separately charge you for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.
       

  13. How will the lawyers be paid?

    1. Class Counsel will ask the Court to approve an award of attorneys’ fees and costs of up to 33.33% of the Settlement Fund along with reimbursement of any reasonable expenses incurred by Class Counsel. Any amount the Court awards will reduce the amount available for distribution to Monetary Relief Class Members. Class Counsel will also ask the Court to approve a service award of $10,000 to Plaintiff Dixon and $1,000 to Plaintiff Flamini in recognition of their work on behalf of the Class in bringing this lawsuit. The Court will decide the actual amounts awarded for attorneys’ fees and the service award, and may award less than what is requested.


      The Settlement Agreement contains additional detail on how the Settlement Fund will be allocated, including attorneys’ fees, the service awards, and the distribution of any funds that remain after Monetary Relief Class Members cash their checks. If funds remain after the deadline to cash checks has passed, a second distribution may be made to Monetary Relief Class Members who cashed their first check. Full details are available in the Settlement Agreement and other case documents posted on the Important Court Documents page.

  14. How do I get more information?

    1. The Notice summarizes the proposed Settlement. You can get a copy of the Settlement Agreement and other relevant case-related documents on the Important Court Documents page, contacting the Settlement Administrator at [email protected] or 1-800-797-0699, or contacting Class Counsel at [email protected] or (612) 594-5999.

      PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANTS, OR DEFENDANTS’ COUNSEL. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS.

  15. How do I update my address?

    1. 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 use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

      A different option is to 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: Dixon v Gatzke (956), c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

  16. How do I submit a name change (Marriage/Divorce/Court Order Name Change)?

    1. 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: Dixon v Gatzke (956), c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

  17. What do I do if the Class Member is deceased?

    1. 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: Dixon v Gatzke (956), c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.