Legal Notice

Please read this Notice carefully. Your legal rights may be affected whether or not you act.

A Colorado Court authorized this notice. This is not a solicitation from a lawyer.

This Settlement resolves litigation concerning alleged negligence of eRentPayment, LLC (“eRent”) and Base Commerce, LLC (d/b/a Check Commerce) in the management of funds received from tenants intended for Plaintiffs (the “Landlords”) in the case entitled Todd Wasulko, et al. v. eRentPayment, LLC, et al. v. Base Commerce d/b/a CheckCommerce, Case No. 2017-cv-031088 (the “Lawsuit”).

On October 26, 2020, the Court entered its Order granting Final Approval of the Class Settlement Agreement.

  • The Settlement will become effective after expiration of the 49-day appeal period or resolution of any appeals. The appeal period will expire December 14, 2020.
  • If no appeals are filed, Settlement payments will be issued no later than March 14, 2021.

You may be eligible for payment based on the Settlement of the Lawsuit if you are an eRent customer that

  1. agreed to utilize eRent’s online rental payment-collection service to receive or process payments;
  2. whose tenant(s) made a payment using eRent’s website between October 3, 2017 and October 12, 2017 (the “Class Period”) or who made payments to tenant(s) using eRent’s website during the Class Period; and
  3. did not receive the payment made by the tenant or the tenant did not receive the payment made by the eRent customer.

What is the Lawsuit about?

Plaintiffs have asserted claims alleging that Defendants eRent and Check Commerce are liable for a failure to fund rental payments from tenants to the Landlords or payments from Landlords to tenants directed through eRent’s website between October 3, 2017 and October 12, 2017. eRent and Check Commerce each deny any liability and have compelling legal defenses, including that any failure to transfer funds resulted from the conduct of a bankrupt non-party, eCHECKit.

To avoid the expense, uncertainty, and risks of continued litigation, eRent, Check Commerce, Named Plaintiffs and Plaintiffs’ Counsel consider it desirable to resolve the lawsuit through settlement. Plaintiffs’ Counsel believes that a settlement now provides the most money to the Settlement Class. A proposed settlement has been reached between Plaintiffs and Defendants eRent and Check Commerce in the Lawsuit.

Are you a member of the Settlement Class?

The “Settlement Class” consists of any eRent customers that

  1. agreed to utilize eRent’s online rental payment-collection service to receive or process payments;
  2. whose tenant(s) made a payment using eRent’s website between October 3, 2017 and October 12, 2017 (the “Class Period”) or who made payments to tenant(s) using eRent’s website during the Class Period; and
  3. did not receive the payment made by the tenant or the tenant did not receive the payment made by the eRent customer.

You are not a member of the Settlement Class if your tenants did not make any payments through eRent’s website; or if your tenants initially submitted payment through eRent’s website between October 3, 2017 and October 12, 2017, but then had their payment returned to them by reversing the transaction.

You are not a member of the Settlement Class if you utilized eRent’s online rental payment services as a tenant and not as a landlord.

What does the Settlement Provide?

The proposed Settlement establishes Settlement Funds totaling $450,000.

The Settlement Funds will be used to pay

  1. the Settlement Class members in this Lawsuit;
  2. the cost to administer the Settlement;
  3. attorneys’ fees;
  4. litigation expenses, and
  5. payments to the Named Plaintiffs.

The Settlement Agreement and the papers filed in support of the Settlement are available for review and download here.