You received a notice if Defendant Guenther’s records show that you might be a class member. The notice referred you to this website.

The Court ordered that a Notice be sent to you because you have a right to know about a proposed settlement of the class action against Defendant Guenther and about your options before the Court decided  to approve the settlement. 

The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.  Please read the Notice carefully. 

The Spokane County Superior Court has jurisdiction over this proposed settlement.  The persons who sued are called the Plaintiffs, and the company they sued is called the Defendant.

Plaintiffs filed a proposed class action lawsuit (the “Action”) against Defendant Guenther.

In the Action, the Plaintiffs claimed, among other things, that Defendant Guenther received rental applications and charged tenant screening fees without first providing required disclosures to prospective tenants, in violation of Washington State law.  Defendant Guenther claims it has abided by all state and federal laws, and that the Action is not well grounded in law or fact.  As part of the proposed settlement, Defendant Guenther does not admit to any wrongdoing, maintains its compliance with the law, and continues to deny the allegations against it.

In a class action, one or more people, called Class Representatives, sue on behalf of people who have similar claims.  In this case, the Class Representatives are Jake and Doreen Miller.  One court resolves the issues for all class members, except those who exclude themselves from the Class.  The Honorable Maryann Moreno for the Spokane Superior Court for the State of Washington has jurisdiction over the case in which the parties submitted this Settlement for approval.

The Court did not decide in favor of Plaintiffs or Defendant Guenther.  Instead, both sides agreed to a settlement.  That way, they avoid the cost of a trial, and settlement benefits go to the class members.  The class representatives and their attorneys think the Settlement is best for the class members.

For the purposes of this Settlement, everyone who fits this description is a class member: 

You are a Class Member if from June 24, 2017, through June 24, 2020, you applied to rent at any property in the state of Washington, where the rental property on the date of application was owned or managed by Guenther Property Management, LLC

The Class does not include Defendant Guenther, employees of Guenther, any person or entity that has a controlling interest in Defendant Guenther, Guenther’s current or former directors and officers, as well as the Parties’ Counsel and their immediate families.  The Class also does not include any persons who validly requested exclusion from the Class.

Guenther has agreed to pay a total Settlement amount of $130.015.00 which will be used to create a Settlement Fund to pay cash awards to Settlement Class Members who did not timely exclude themselves from the Settlement, pay Class Counsel's attorney's fees and costs, pay an incentive award to the Plaintiffs, and pay costs and expenses of settlement administration. 

The Settlement Administrator will determine whether you are a Settlement Class Member or have validly excluded yourself. 

If you received the Notice and did not validly exclude yourself from the Settlement Class by January 3, 2022, you are eligible to receive payment. The Court granted Final Approval of the Settlement on January 28, 2022. Payments will be mailed from the Settlement Administrator within fifteen (15) days of the Court entering a final order approving the Settlement.

The Court granted Final Approval of the Settlement on January 28, 2022. Payments will be mailed from the Settlement Administrator within fifteen (15) days of the Court entering a final order approving the Settlement. 

Unless you excluded yourself, you stay in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant Guenther about the legal issues in this case.  The Court granted Final Approval of the Settlement on January 28, 2022.  All class members release all “Released Claims” against all “Released Parties.”

“Released Claims” means all actions, claims, demands, rights, suits, or causes of action, including without limitation all claims that arise from, involve, or in any way relate to Guenther and its related entities, or that arise from or relate to the allegations made or conduct described in the Lawsuit including but not limited to allegations related to violations of RCW 59.18.257.  This release covers, without limitation, any and all claims for attorneys’ fees, costs, or disbursements incurred by Counsel for Plaintiff and the Settlement Class Members or any other counsel representing Plaintiffs or Settlement Class Members in connection with or related in any manner to this Agreement or the Lawsuit, the settlement of the Lawsuit, the administration of this Agreement and the settlement contemplated thereunder, Settlement and/or the Settled Claims. Plaintiffs and the Settlement Class Members expressly waive and fully, finally, and forever settle and release any known or unknown, suspected or unsuspected, contingent or non-contingent claims with respect to the Settled Claims, whether or not concealed or hidden, without regard to any subsequent discovery or existence of different or additional facts. 

“Released Parties” means Defendant Guenther, and all affiliates, parents, subsidiaries, insurers, agents, lawyers, officers and directors, members, managers, servants, employees, and marital communities of any such released persons.

Additionally, with respect to any and all Released Claims, you and your respective agents, successors, heirs, assigns, and any other person who can claim by or through you in any manner, shall be deemed to have waived, and by operation of the judgment of the Court shall have expressly waived, any and all claims, rights, or benefits they may have under California Civil Code § 1542 and any similar federal or state law, right, rule, or legal principle that may be applicable.  California Civil Code § 1542 provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

To exclude yourself from the settlement, you must have sent a signed letter by mail stating that you “want to opt out of the Jake and Doreen Miller v. Guenther Management, LLC Settlement.”  You must have included your name, address, telephone number, and your signature.  You must have mailed your exclusion request postmarked no later than January 3, 2022 to:

WA Tenant Screening Settlement
c/o JND Legal Administration
P.O. Box 91244,
Seattle, WA 98111

You can’t exclude yourself on the phone or by fax or email.

If you asked to be excluded, you will not receive any payment from this settlement.  Also, you cannot object to the settlement.  You will not be legally bound by anything that happens in the Action.  You may be able to sue (or continue to sue) Defendant Guenther in the future about the legal issues in this case.

No. Unless you excluded yourself, you give up your right to sue Defendant Guenther and the other Released Parties for the claims that this settlement resolves. You must have excluded yourself from this Class to pursue your own lawsuit. Remember, your exclusion request must have been postmarked on or before January 3, 2022.

No. However, if you excluded yourself, you may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against Defendant Guenther and the other Released Parties.

The Court appointed Kirk D. Miller, P.S. and Cameron Sutherland, PLLC to represent the Class.  These lawyers are called Class Counsel.  You will not be charged for these lawyers.  The Court will determine the amount of Class Counsel’s fees and costs, which Defendant Guenther will pay as part of the settlement.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will request from the Court an award of attorneys’ fees and out-of-pocket litigation costs up to $50,000.00.  Class Counsel will also request up to a $2,500.00 Service Award for each of the two Representative Plaintiffs for serving as the class representatives. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. You have the right to object to the requested attorneys’ fees and costs, and Service Award.

Class Counsel will file their papers in support of final approval of the settlement and their application for attorneys’ fees and reimbursement of costs, and for the Service Award, by no later than January 14, 2022 and November 1, 2021, respectively. These papers will also be posted on the Settlement Website (www.WATenantScreeningSettlement.com).

If you are a class member, you could have objected to the settlement if you didn’t like any part of it.  You can give reasons why you think the Court should not approve it.  The Court will consider your views.  To object, you must have filed with the Court and deliver to Class Counsel and Defendant Guenther’s counsel a signed letter saying you object to the proposed settlement in Jake Miller and Doreen Miller, on behalf of themselves and all others similarly situated v. Guenther Management LLC, 20-2-02604-32.  You must have included your name, address, telephone number, a statement indicating that you are a class member, your signature, and the reasons why you object to the settlement. Your objection and any supporting papers must have been postmarked by and mailed to Class Counsel at the following address no later than January 3, 2022:

Spokane County Superior Court
Clerk’s Office
1116 W. Broadway Ave.,Room 300
Spokane, WA 99260

Your objection and any supporting papers must have also been delivered to Class Counsel and Defendant Guenther’s counsel at the following addresses no later than January 3, 2022:

Kirk D. Miller
Kirk D. Miller, P.S.
421 W. Riverside Avenue, Ste. 660
Spokane, WA 99201

Class Counsel

Carinne Bannan
Lee Smart, P.S., Inc.
701 Pike Street, Suite 1800
Seattle, WA 98101-3929

Counsel for Defendant Guenther

Objecting is simply telling the Court that you don’t like something about the settlement.  You can object only if you stay in the Class.  Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court held a Fairness Hearing at 11:00 AM on January 28, 2022, at the Spokane County Superior Court, 1116 W. Broadway Ave., Spokane, Washington, 99260. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. There were no objections considered. Judge Moreno listened to people who have asked to speak at the hearing.  The Court also considered whether to approve the requested attorneys’ fees, costs, and Service Award.  The Court granted Final Approval of the Settlement on January 28, 2022.

No. Class Counsel answered any questions Judge Moreno may have had.  You were welcome to come at your own expense.  If you sent an objection, you did not have to come to Court and talk about it.  As long as your written objection was postmarked by January 3, 2022, the Court will consider it.  You may have also paid your own lawyer to attend, but it’s not necessary. 

You may have asked the Court for permission to speak at the Fairness Hearing.  To do so, you must have sent a letter saying that it was your “Notice of Intention to Appear” in  "Jake Miller and Doreen Miller v. Guenther Management LLC, 20-2-02604-32.”  You must have included your name, address, telephone number, that you are a class member, a list of any documents you want the Court to consider, the names of any witnesses who you want to testify and your signature.  Your Notice of Intention to Appear must have been postmarked and sent to the Court’s, Class Counsel’s, and Defendant Guenther’s Counsel’s addresses in Question 17, no later than January 3, 2022. You could not speak at the hearing if you excluded yourself.

If you did nothing, you will receive a payment and you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant Guenther or the Released Parties about the legal issues resolved by this Settlement. 

The Notice summarizes the proposed Settlement.  More details appear in the Settlement Agreement and Release of Claims (the “Agreement”).  Copies of the Agreement and the pleadings and other documents relating to the case are on file at the Spokane County Superior Court, 1116 W. Broadway Ave., Room 300, Spokane, WA 99260, and may be examined and copied at any time during regular office hours at the Court.  The Settlement Agreement is also available on the Important Documents page.