Frequently Asked Questions

1. What is the Notice about?

The Notice tells you about the settlement of a class action lawsuit, Abeyta v. DMCG, Inc., brought on behalf of people who cosigned payment plans for bail bond premium with DMCG, Inc. (dba “Bail Hotline”) but did not get a “Notice to Cosigner.”

If you are one of the people affected (a group called the “class”), you may be entitled to money as part of the settlement. The Notice gives you a summary of the terms of the proposed settlement agreement, explains what rights class members have, and helps class members make informed decisions about what action to take.

2. What do I do next?

Read the Notice to understand the settlement and to determine if you are a class member. Then, decide if you want to:

Read on to understand the specifics of the settlement and what each choice would mean for you.

3. What are the most important dates?

Select a payment method (electronic v. check): March 18, 2025

Your deadline to object or opt out: March 18, 2025

Settlement approval hearing: May 2, 2025

4. What is this lawsuit about?

In October 2022, a class action lawsuit was filed against DMCG, Inc. (dba “Bail Hotline”). The lawsuit was brought on behalf of consumers who cosigned payment plans for bail bond premium, but weren’t given a “Notice to Cosigner” required by California law. The lawsuit claims that because Bail Hotline didn’t provide the “Notice to Cosigner,” the payment plan agreements were invalid and unenforceable. The lawsuit claims that Bail Hotline wasn’t entitled to take money from the cosigners under a payment plan without providing the notice and misled them in letters claiming they owed money. The lawsuit asked for refunds of amounts paid and a penalty for the misleading letters. Click here to see the criteria for being a member of the settlement classes.

Bail Hotline denies that it did anything wrong. The Court hasn’t decided who is right.

5. Why is there a settlement in this lawsuit?

The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the settlement is best for everyone who was affected.

The settlement is on behalf of two settlement classes, which include cosigners on payment plans that didn’t receive the “Notice to Cosigner,” and either (1) made a premium payment to Bail Hotline on or after Oct. 3, 2018; or (2) were sent a “Settlement Offer Letter” on or after Oct. 3, 2021.

6. What happens next in this lawsuit?

The Court will hold a Fairness hearing to decide whether to approve the settlement. The hearing will be held at:

Where: Virtually on Zoom. Please visit the Court’s website at https://www.cand.uscourts.gov/judges/illston-susan-si for the “Public Hearings” link.

When: 10:00 a.m. Pacific on May 2, 2025.

Because the settlement of a class action decides the rights of all members of the proposed class, the Court must give final approval to the settlement before it can take effect. Payments will only be made if the Court approves the settlement. You don’t have to attend, but you may at your own expense. You may also ask the Court for permission to speak and express your opinion about the settlement. If the Court does not approve the settlement or the parties decide to end it, it will be void and the lawsuit will continue. The date of the hearing may change without further notice to members of the class. To learn more and confirm the hearing date, please check this website regularly.

7. What does the settlement provide?

The settlement pays money to consumers who cosigned a payment plan agreement with Bail Hotline without being provided a “Notice to Cosigner,” who was not a spouse of the primary signer, and who also made a payment towards premium on or after Oct. 3, 2018 or were sent a “Settlement Offer Letter” on or after Oct. 3, 2021.

Bail Hotline has agreed to pay $4.5 million into a settlement fund, in equal installments over a period of four years. This money will be divided among the settlement class members and will also be used to pay for costs and attorney’s fees approved by the Court, including the cost of administering this settlement, as well as a service award for the named plaintiff. Members of the settlement class will “release” their claims as part of the settlement, which means they cannot sue Bail Hotline for the issues in this lawsuit. The full terms of the release can be found here.

Bail Hotline has also agreed to (1) correct its forms to make sure “Notice to Cosigner” forms are always included before any payment plan agreements and that they include a signature and date line; (2) stop attempting to collect money from Settlement Class Members; and (3) stop any automatic payment plans that might apply to any Settlement Class Members. However, the Settlement only applies to Bail Hotline’s attempts to collect bail bond premium under the payment plan agreements. Bail Hotline reserves the right to attempt to collect costs or other expenses associated with its indemnification agreements (except for bail bond premium), and you will still have the right to defend against those attempts.

The agreement will be monitored by the Court.

If there is money left over after the distributions are completed, it will be donated to an organization approved by the Court.

8. How do I know if I am part of this settlement?

If you cosigned a payment plan for bail bond premium with Bail Hotline in California for someone you weren’t married to, and didn’t get the “Notice to Cosigner,” you may be a member of the class and entitled to money. If you cosigned before April 2021, you probably did not receive a “Notice to Cosigner” and may be a member of the Settlement Classes. If you cosigned in or after April 2021, you might be a member if you didn’t receive a “Notice to Cosigner.”

The criteria for membership in the Settlement Classes is below.

UCL Settlement Class: “All persons who (1) cosigned a bail bond premium financing agreement in California with DMCG, Inc.; (2) were not provided the notice described in California Civil Code Section 1799.91 prior to signing; (3) were not a spouse of the person who received release services in connection with the agreement at the time of signing; and (4) made any premium payment to DMCG, Inc. in connection with the bail bond transaction at any time on or after October 3, 2018.”

Rosenthal Act Settlement Class: “All persons who (1) cosigned a bail bond premium financing agreement in California with DMCG, Inc; (2) were not provided the notice described in California Civil Code Section 1799.91 prior to signing; (3) were not a spouse of the person who received release services in connection with the agreement at the time of signing; and (4) to whom DMCG, Inc. sent a ‘Settlement Offer Letter’ regarding such bail bond at any time after October 3, 2021.” Here is a sample of the “Settlement Offer Letter” discussed:

9. What are Released Claims?

“Released Claims” means any and all past and present claims or causes of action, including but not limited to those under California’s Unfair Competition Law and Rosenthal Act, including violations, claims for injunctions, and all claims for damages, penalties, interest, fees and costs, restitution, equitable relief, and any other claim of relief, whether known or unknown (including “Unknown Claims”), arising on or before the date of the judgment from Defendant’s failure to include a compliant Section 1799.91 Notice in the underlying bail bond premium payment plan documents. However, (1) no Settlement Class Member is releasing or waiving in any way any affirmative defense to the enforceability of any indemnification agreement based on Defendant’s failure to provide a compliant Section 1799.91 Notice; and (2) to the extent any member of the UCL Settlement Class or the Rosenthal Act Settlement Class timely excludes themselves from one Settlement Class but not the other, the claims brought by the Settlement Class that they have excluded themselves from shall not be released.

10. How much will my payment be?

Your payment depends on which Settlement Classes you are in. After the deduction of any Court-approved fees, costs, and service awards, $250,000 of the Settlement Fund will be reserved for the Rosenthal Act Settlement Class, and the balance will be reserved for the UCL Settlement Class.

Each member of the Rosenthal Act Settlement Class will receive a payment based on the total number of Settlement Offer Letters they were sent by Bail Hotline on or after October 3, 2021. Class members are expected to receive an average of $25.39 per letter.

Each member of the UCL Settlement Class will receive a payment proportional to the total amount of money they paid towards bail bond premium as a cosigner. Class members are expected to receive an average of $109.14, which may be higher or lower depending on the total amounts you paid Bail Hotline compared to other class members.

If you are a member of both Settlement Classes, your payment from the Rosenthal Act Settlement Class will be added to your payment from the UCL Settlement Class.

You are not required to submit a claim to receive a payment. The amount you are owed will be determined based on Bail Hotline’s records.

11. How do I weigh my options?

You have three options. You can do nothing to stay in the settlement and receive a payment, you can opt out of the settlement, or you can object to the settlement.

This chart shows the effects of each option:

12. What is the best path for me?

13. How do I get a payment if I am a class member?

If you wish to receive money, you don’t need to do anything. You will receive your payment in the mail in two checks, one after about two years and the second after the settlement is fully funded, in about four years. We highly encourage you to receive payments electronically, though, so you can start receiving payments as soon as they’re available. If you’d like to choose a different payment method, like Zelle, Venmo, or direct deposit, please fill out the payment method form by March 18, 2025.

14. Do I have a lawyer in this lawsuit?

In a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. For this settlement, the Court has appointed the following individuals and lawyers.

Your lawyers: Yaman Salahi of Salahi PC and Rafey S. Balabanian and Natasha Fernández-Silber of Edelson PC. These are the lawyers who negotiated this settlement on your behalf.

If you want to be represented by your own lawyer, you may hire one at your own expense.

15. Do I have to pay the lawyers in this lawsuit?

Lawyers' fees and costs will be paid from the Settlement Fund. You will not have to pay the lawyers directly.

To date, your lawyers have not been paid any money for their work or the expenses that they have paid for the case. To pay for some of their time and risk in bringing this case without any guarantee of payment unless they were successful, your lawyers will request, as part of the final approval of this Settlement, that the Court approve a payment of up to 25% of the Settlement Fund, or $1,125,000 total in attorneys’ fees plus the reimbursement of out-of-pocket expenses.

Lawyers' fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. You have the right to object to the lawyers' fees even if you think the settlement terms are fair.

Your lawyers will also ask the Court to approve a payment of $5,000 to the Class Representative, Robert Abeyta, for the time and effort he contributed to the case. If approved by the Court, this will be paid from the Settlement Fund.

16. What if I don’t want to be part of this settlement?

You can opt out of one or both Settlement Classes. If you do, you will not receive payment and cannot object to the settlement of the class claims you opted out of. However, you will not be bound or affected by anything that happens in this lawsuit and may be able to file your own case. You cannot exclude yourself from the proposed settlement’s requirements that Bail Hotline change its behavior.

17. How do I opt out?

To opt out of the settlement, you must submit your opt out by March 18, 2025, to the Settlement Administrator at:

Abeyta v. DMCG, Inc. c/o Settlement Administrator P.O. Box 25226 Santa Ana, CA 92799 (866) 675-2938

To be valid, your request for exclusion must (a) be in writing; (b) identify the case name, Abeyta v. DMCG, Inc., No. 3:22-cv-07089-SI (N.D. Cal.); (c) state your full name and current address and specify whether you are requesting exclusion from the Rosenthal Act Settlement Class, UCL Settlement Class, or both; (d) be signed personally by you; (e) be postmarked or received by the Settlement Administrator on or before March 18, 2025. If you don’t specify which Settlement Class you are requesting exclusion from, you will be excluded from both Settlement Classes. Each request for exclusion must also contain a statement to the effect that, “I hereby request to be excluded from [Select One: UCL, Rosenthal, or both] Settlement Classes in Abeyta v. DMCG, Inc., No. 3:22-cv-07089-SI (N.D. Cal.).” If you don’t comply with these requirements, your request for exclusion will be invalid. Another person can’t opt out on your behalf, and you may not opt out other people.

18. What if I disagree with the settlement?

If you disagree with any part of the settlement (including the lawyers' fees) but don’t want to opt out, you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object.

Any objection to the proposed settlement must be in writing. You must give reasons why you think the Court should not approve it and say whether your objection applies to just you, a part of the class, or the entire class. The Court will consider your views. You may, but don’t need to, hire your own lawyer to help you.

To object, you must send a letter to the Court that:

1. is postmarked by March 18, 2025;
2. includes the case name and number (Abeyta v. DMCG, Inc., No. 3:22-cv-07089-SI)
3. includes your full name, current address and telephone number, and email address (if you have one);
4. state that you believe yourself to be a member of one or both of the Settlement Classes;
5. state whether the objection applies only to you, to a specific Settlement Class, to a subset of a Settlement Class, or to both Settlement Classes;
6. include the specific grounds for the objection, and all documents or writings that you want the Court to consider;
7. include the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection, or who may profit from the objection;
8. say whether either you or your lawyer intend to appear at the final approval hearing;
9. be signed by you personally.

The objection must be filed with the Court or postmarked on or before March 18, 2025. You may submit the objection to the Court either by filing it electronically or in person at any location of the United States District Court for the Northern District of California, or by mailing it to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Ave., 16th Floor, San Francisco, CA 94102.

19. What are the consequences of doing nothing?

If you do nothing and you are a member of one or more Settlement Classes, you will stay in the Class, will get any money you might be entitled to, and will still be bound by the settlement and its “release” provisions. That means you won’t be able to start, continue, or be part of any other lawsuit against Bail Hotline about the issues in this case.

20. How do I get more information?

This website is a summary of the proposed settlement. The complete settlement with all its terms can be found here. To get a copy of the settlement agreement or get answers to your questions:

• contact your lawyer or the Settlement Administrator (information below)
• visit the Important Documents section of this website
• access the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov/, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, San Francisco Courthouse, from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding Court holidays.