Frequently Asked Questions

If you received an Email or Postcard Class Notice directing you to the Settlement Website, then, according to PHH’s records, you may be a member of the above-referenced Settlement Class, meaning you may be a member of the FDCPA Class, the California Class, or the North Carolina Class.

The Court ordered this Notice because you have a right to know about a proposed Settlement of a class action lawsuit of which you may be a member. The lawsuit is Williams et al. v. PHH Mortgage Corporation, case number 3:25-cv-00144-KDB-UMJ, pending in the United States District Court for the Western District of North Carolina (the “Action”). This Notice describes the lawsuit, the Settlement, your legal rights, what relief is being offered to you, how that relief will be distributed and other important information. This Notice only summarizes the Settlement, the full terms of which are available for review HERE. If there is any conflict between this Notice and the Settlement (as set forth in the Settlement Agreement), the Settlement governs. You should review the Agreement before deciding what to do. Please share this Notice with any co-borrower(s) on your loan(s).

In this lawsuit, Plaintiffs allege that PHH violated the FDCPA, the Rosenthal Act, the NCDCA, and/or the NCCA by sending Notices of Default to borrowers. As alleged by Plaintiffs, PHH’s Notices of Default contained false threats that PHH intended to immediately accelerate and foreclose upon their loans if they did not cure their default by the deadline stated in the notices, when, according to Plaintiffs, PHH did not intend and legally could not accelerate and foreclose until their loans became at least 120 days delinquent (which generally was about 30 days beyond the Notice of Default deadline). These same allegations were made in a related case involving Plaintiff Dantzler, which is styled Beverly Dantzler v. PHH Mortgage Corporation d/b/a PHH Mortgage Services, No. 2:23-cv-10562-SRM (C.D. Cal.).

PHH denies that it did anything wrong and contends that its Notices of Default contain inherently unthreatening conditional language that was required by the borrowers’ mortgage documents. Consistent with PHH’s position, two other courts have concluded that PHH’s Notices of Default, when read as a whole, cannot reasonably be understood to have threatened imminent legal action, and therefore do not violate the FDCPA. But the Court here has not ruled on Plaintiffs’ claims.

Section 1692k of the FDCPA provides that prevailing plaintiffs may recover actual damages, if any, sustained as a result of a defendant’s violation of the FDCPA, along with the costs of the action and a reasonable attorney’s fee as determined by the court. In the case of class actions, members of a prevailing class may also share in a classwide statutory damage award of up to the lesser of $500,000 or 1 per centum of the net worth of the debt collector.

This Settlement is a compromise of these and other potential claims described in the Settlement, as explained in Section 10 below. Meanwhile, this Notice is only a partial summary of the details of this Action and the Settlement. Section 22 of this Notice explains how you may obtain more information about the claims in this Action and PHH’s response to those claims. You can also visit HERE to review Plaintiffs’ operative complaint, the Parties’ proposed Settlement, and other documents related to this Action.

In a class action, one or more people, called class representatives (here Plaintiffs Beverly Dantzler and Tonia Williams), sue on behalf of all other people who have similar claims. Together, all of these people are called a class, and the persons in it are called class members. In a class action, one court resolves the claims of all class members, except for those who ask in writing to be excluded from the class. The Honorable Kenneth D. Bell of the United States District Court for the Western District of North Carolina is in charge of all aspects of this case, and has already given preliminarily approval to the Settlement. Because the Settlement will determine the rights of the Settlement Class, the Parties must send Settlement Class Members notice of the settlement and give them an opportunity to opt out or object before the Court decides whether to grant final approval of the Settlement.

The Court has conditionally certified each Settlement Class for settlement purposes only. If the Settlement is not given final approval, or otherwise fails to become final, or is terminated by the Parties for any of the reasons set forth in Section 11 of the Settlement Agreement, the Settlement will become void, the Settlement Classes will no longer remain certified, and the Action will proceed as if there had been no Settlement and no certification of the Settlement Classes.

The Court has not decided whether Plaintiffs or PHH would win this case. Instead, both sides agreed to the Settlement before any judgment was entered in the case. That way, the Parties avoid the uncertainties and expenses of ongoing litigation, and the delays of a trial and possible appeals, while providing Settlement Class Members with definite benefits now rather than the uncertain benefits potentially available from fully contested litigation years from now (if at all). Plaintiffs and Class Counsel believe the Settlement is in the best interests of the Settlement Class because it offers significant relief now, while at the same time allowing anyone who wishes to pursue their own individual claims against PHH to exclude themselves from the Settlement Class.

The Court decided that everyone who fits either one or more than one of the following descriptions is a member of the Settlement Class:

The FDCPA Class: All borrowers on residential mortgage loans secured by mortgaged property in the United States (1) whose mortgage loans were serviced by PHH, (2) to which PHH acquired servicing rights when such loans were 30 or more days delinquent on their loan payment obligations, and (3) to whom, according to PHH’s records, one or more Notices of Default were sent between December 18, 2022 and December 15, 2025. Excluded from the FDCPA Class are (a) PHH’s board members and executive level officers; and (b) the federal district and magistrate judges assigned to this Action, along with persons within the third degree of relationship to them.

The California Class: All borrowers on residential mortgage loans secured by mortgaged property in the State of California whose loans were serviced by PHH, and to whom, according to PHH’s records, one or more Notices of Default were sent between December 18, 2022 and December 15, 2025. Excluded from the California Class are (a) PHH’s board members and executive level officers; and (b) the federal district and magistrate judges assigned to this Action, along with persons within the third degree of relationship to them.

The North Carolina Class: All borrowers on residential mortgage loans secured by mortgaged property in the State of North Carolina whose loans were serviced by PHH, and to whom, according to PHH’s records, one or more Notices of Default were sent between January 14, 2021 and December 15, 2025. Excluded from the North Carolina class are (a) PHH’s board members and executive level officers; and (b) the federal district and magistrate judges assigned to this Action, along with persons within the third degree of relationship to them.

As noted in Section 1, if the Email or Postcard Class Notice was addressed to you, then according to PHH’s records, you are a member of either the FDCPA Class, the California Class, or the North Carolina Class (or some combination of the FDCPA Class and either the California or North Carolina Class). Therefore, you will be a member of the Settlement Class unless you timely and properly exclude yourself from the Settlement Class as described in Section 11 of this Notice. The Email or Postcard Class Notice that was sent to you states in which Settlement Class you are, according to PHH’s records.

PHH has agreed to create three Settlement Funds, the FDCPA Settlement Fund, the California Settlement Fund, and the North Carolina Settlement Fund, each with a value of $500,000.

If the Settlement obtains final approval, the Settlement Funds shall first be applied on an equal basis from each Settlement Fund to pay any Costs of Administration that exceed $200,000. PHH has agreed to separately pay Costs of Administration up to $200,000.

The Settlement Funds shall then be applied on an equal basis from each Settlement Fund to pay any Attorneys’ Fees and Expenses and any Service Awards that may be approved by the Court.

Following the payment of any Costs of Administration that exceed $200,000 or any such Attorneys’ Fees and Expenses and Service Awards, the remaining balances of the Settlement Funds will be distributed as Individual Allocations to Settlement Class Members.

Individual Allocations to Settlement Class Members shall be calculated as follows:

California Settlement Fund: After first deducting any Costs of Administration, Attorneys’ Fees and Expenses, and Service Awards allocated to the California Settlement Fund, all California Class Loans shall receive an equal allocation of the remaining balance of the California Settlement Fund, payable jointly to all borrowers on each such loan.

FDCPA Settlement Fund: After first deducting any Costs of Administration, Attorneys’ Fees and Expenses, and Service Awards allocated to the FDCPA Settlement Fund, all FDCPA Class Loans shall receive an equal allocation of the remaining balance of the FDCPA Settlement Fund, payable jointly to all borrowers on each such loan.

North Carolina Settlement Fund: After first deducting any Costs of Administration, Attorneys’ Fees and Expenses, and Service Awards allocated to the North Carolina Settlement Fund, all North Carolina Class Loans shall receive an equal allocation of the remaining balance of the North Carolina Settlement Fund, payable jointly to all borrowers on each such loan.

For the avoidance of doubt, any Class Loan that meets more than one Class Loan definition (i.e., a loan that meets both the FDCPA Class Loan and California Class Loan definitions or a loan that meets both the FDCPA Class Loan and North Carolina Class Loan definitions) shall receive an Individual Allocation from each applicable Settlement Fund.

The actual amount that each Settlement Class Member will receive as an Individual Allocation will ultimately depend on a variety of factors, including the delinquency of the Class Loan at the time that PHH began servicing the loan, whether the member was sent a Notice of Default in the relevant time period, the number of Potential Settlement Class Members who decide to opt out of each Settlement Class, and whether and in what amounts the Court will approve any attorneys’ fees and expenses to Class Counsel and service awards to Plaintiffs.

If you are a member of the Settlement Class, then as long as you do not exclude yourself from the Settlement Class, you will automatically receive an Individual Allocation by check mailed to the mailing address that PHH has on file for you, and you do not need to take any further action in order to receive that Individual Allocation. If your mailing address has changed since January 14, 2021, however, you may wish to notify the Settlement Administrator of your current mailing address by contacting the Settlement Administrator at 1-844-329-3048, or info@WilliamsPHHSettlement.com. This will help ensure that your Individual Allocation is mailed to the correct address. In addition, if you would like to receive your Individual Allocation via electronic distribution, then please visit the Settlement Website HERE, where you will be able to make such arrangements.

As described in Section 18 of this Notice, the Court will hold a Fairness Hearing on June 9, 2026, at 9:30 a.m. EDT. to decide whether to grant final approval to the Settlement. The Court must finally approve the Settlement before any relief will be distributed, and it will only do so after finding that the Settlement is fair, reasonable and adequate. In addition, any final approval order the Court may enter may be subject to appeal. If there are any such appeals, resolving them takes time—sometimes more than a year. Finally, it is possible that this Settlement may be terminated for other reasons, such as those set forth in Section 11 of the Settlement Agreement (available for review HERE). Please be patient.

The “Final Settlement Date,” as defined in the Settlement, is the day the order finally approving the Settlement becomes either final and non-appealable or any appeals have been resolved in favor of the Settlement. Individual Allocations are expected to be distributed within 75 days of the Final Settlement Date. The Settlement Website will be updated from time to time to reflect the progress of the Settlement.

Individual Allocations will be paid by a check mailed to you, made payable jointly to all borrowers of record on your Class Loan, and addressed to the mailing address of record on your Class Loan. However, as noted in Section 7, if you would like to receive your Individual Allocation via electronic distribution, then please visit the Settlement Website HERE, where you will be able to make such arrangements.

NOTE: All checks will expire and become void 180 days after they are issued and will be considered unclaimed funds. Unclaimed funds will be considered a waiver by you and any co-borrowers on your Class Loan of the right to receive Individual Allocation relief. Individual Allocation relief that remains unclaimed or undeliverable 300 days after the Final Settlement Date despite reasonable efforts to locate you will be donated and paid to the Asheville, North Carolina chapter of Habitat for Humanity.

Neither the Court nor the Parties (including their counsel) can advise you about what, if any, tax consequences might arise for you from the Settlement. You are encouraged to consult with your own tax advisor to determine whether any potential tax consequences could arise from your receipt of an Individual Allocation.

Unless you exclude yourself, you will remain in the Settlement Class, and that means that if the Settlement is given final approval and reaches the Final Settlement Date then you:

(i) shall be deemed to have, and by operation of the Final Order and Judgment, shall have, fully, finally, and forever waived, released, relinquished, remised, acquitted, and discharged to the fullest extent permitted by law all Released Claims against each and all of the Released Persons; (ii) shall forever be barred and enjoined from commencing, instituting, prosecuting, or participating in any fashion in any and all claims, causes of action, suits, or any other proceeding in any court of law or equity, arbitration tribunal, or other forum of any kind, directly, representatively, derivatively, or in any other capacity and wherever filed, with respect to any Released Claims against any of the Released Persons; and (iii) shall be deemed to have agreed and covenanted not to sue any of the Released Persons with respect to any Released Claims or to assist any third party in commencing or maintaining any suit against any Released Person related in any way to any Released Claims.

This Release will include claims that Settlement Class Members do not know or suspect to exist in their favor at the time final approval may be granted to the Settlement, if those claims arise from, are based on, or relate to the Released Claims. If the Settlement is given final approval and reaches the Final Settlement Date, all Settlement Class Members will be deemed to have knowingly and voluntarily waived, relinquished and released the protections of any laws that would limit this release, including, without limitation, Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

The phrase “Released Claims” means and refers to:

each and all of the claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages (whether punitive, statutory, or compensatory and whether liquidated or unliquidated), losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any regulatory bulletin, guidelines, handbook, opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, that relate to or arise out of any Notice of Default sent by PHH to (a) California Class Members on California Class Loans during the period from December 18, 2022 through and including December 15, 2025; (b) FDCPA Class Members on FDCPA Class Loans during the period from December 18, 2022 through and including December 15, 2025; or (c) North Carolina Class Members on North Carolina Class Loans during the period from January 14, 2021 through and including December 15, 2025.

The phrase “Released Persons” means and refers to:

(a) PHH and any and all of its current or former predecessors, successors, assigns, parent corporations, subsidiaries, divisions, related and affiliated companies and entities, associates, vendors, service providers, software licensors and licensees, clients and customers, principals, stockholders, directors, officers, partners, principals, members, employees, attorneys, consultants, independent contractors, representatives, and agents, transferee servicers, and all individuals or entities acting by, through, under, or in concert with any of them; and (b) any trustee of a mortgage securitization trust which includes loans on which Settlement Class Members are borrowers, including, but not limited to, any direct or indirect subsidiary of any of them, and all of the officers, directors, employees, agents, brokers, distributors, representatives, and attorneys of all such entities.

The full terms of the Settlement’s release are set forth in Section 3 of the Settlement Agreement, which is available for review HERE.

If you don’t want to be part of the Settlement, or if you want to keep the right to sue or continue suing PHH on your own about the Released Claims, then you must take steps to exclude yourself from the Settlement Class. This is called excluding yourself, or “opting out.” If you exclude yourself from the Settlement Class, you will not be bound by the Settlement and will not receive any relief offered by the Settlement, but you will be free to file and then pursue your own individual lawsuit regarding the Released Claims if you wish to do so. However, the Court has ruled that neither the Settlement, nor this Notice, nor the Court’s preliminary approval order may be used as evidence in such individual lawsuits. You should be aware that if you do exclude yourself and you plan to file your own action against PHH, the statute of limitations applicable to your claim may prevent you from separately suing PHH unless you act promptly.

To exclude yourself, you must send a written or electronic request for exclusion to the Settlement Administrator, mailed or emailed sufficiently in advance to be received by the Settlement Administrator, Eisner Advisory Group LLC (“EisnerAmper”), no later than May 5, 2026, saying that you want to be excluded from the Settlement Class. Your letter must be addressed to Williams v. PHH, c/o Settlement Administrator, and must: (a) contain a caption or title that identifies it as “Request for Exclusion in Williams v. PHH (case number 3:25-cv-00144-KDB-UMJ);” (b) include your name, mailing and e-mail addresses, and contact telephone number; (c) specify that you want to be excluded from the Settlement Class and identify the Class Loan number(s) for which you seek exclusion from the Settlement; and (d) be personally signed by you.

NOTE: If your request for exclusion is late or incomplete, it will not be valid and you will remain part of the Settlement Class, you will still be bound by the Settlement and all other orders and judgments in the Action, and you will not be able to participate in any other lawsuits against PHH and the Released Persons based on the Released Claims. If you submit a request for exclusion, it will be deemed as a request for exclusion by you and any other co-borrowers, joint-borrowers and multiple borrowers on the Class Loan(s) identified in the exclusion request.

No. If you do not exclude yourself from the Settlement Class and the Settlement is given final approval and reaches the Final Settlement Date, you will give up the right to sue PHH and the Released Persons for the Released Claims.

No. If you exclude yourself, you will not be eligible to receive any of the individual benefits that the Settlement offers.

Yes. The Court has appointed Scott C. Harris of the law firm Bryson Harris Suciu & DeMay and Edward H. Maginnis of the law firm Maginnis Howard to represent you and the other Settlement Class Members in this Action and for purposes of this Settlement, and for no other purpose. These attorneys are called “Class Counsel,” and they can be reached by email at sharris@brysonpllc.com and emaginnis@maginnislaw.com, or by phone at (919) 600-5000 and (919) 526-0450, respectively. You will not be separately charged for the services of Class Counsel for issues related to this Action.

You have the right to retain your own separate lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will be solely responsible for all of his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer, but if you want to appear at the Fairness Hearing you must comply with the procedures set forth in Section 20 of this Notice below.

Class Counsel have prosecuted this case on a contingent-fee basis and, so far, have not yet been paid anything for their services. If the Settlement is approved, Class Counsel will ask the Court for an award of attorneys’ fees, to be paid from the Settlement Funds in an amount not to exceed one third of the Settlement Funds, as well as the actual costs and expenses that Class Counsel incurred in the litigation. For their endeavor on behalf of the Settlement Class, and in addition to the relief otherwise due them as members of the Settlement Class, Lead Plaintiffs Dantzler and Williams shall apply for Service Awards to be paid from the Settlement Funds in the aggregate amount not to exceed $10,000. Class Counsel will file with the Court their request for attorneys’ fees and expenses and service awards on or before April 5, 2026, which will then be posted HERE.

PHH reserves the right to oppose any request for attorneys’ fees and expenses and service awards that PHH deems to be unreasonable in nature or amount or otherwise objectionable. The Settlement is not conditioned on the Court approving any specific amount of attorneys’ fees and expenses or service awards. The Court will ultimately decide whether any attorneys’ fees and expenses should be awarded to Class Counsel or any service awards awarded to Plaintiffs, and in what amounts.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t agree with any part of it. You can provide reasons why you think the Court should deny approval of the Settlement by filing an objection. However, you can’t ask the Court to order a larger or different type of settlement as the Court can only approve or deny the Settlement presented by the Parties. If the Court denies approval, no settlement relief will be available to the Settlement Class Members and the lawsuit will continue. If you file a written objection, the Court will consider your views.

To object, you must file a written statement of objection with the Court. Your written objection must: (a) include a caption or title that identifies it as “Objection to Class Settlement Williams v. PHH (case number 3:25-cv-00144-KDB-UMJ);” (b) include your name, mailing and email addresses, contact telephone number, and your Class Loan number(s); (c) state whether the objection applies only to you, to a specific subset of the class, or to the entire class; (d) state with specificity the specific reason(s), if any, for each of your objections, including all legal support you wish to bring to the Court’s attention and all factual evidence you wish to introduce in support of your objection; (e) disclose 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 your objection, and (f) be personally signed by you.

You may file your written statement of objection in person at, or you may mail it to, the Clerk of the Court, United States District Court for the Western District of North Carolina, U.S. Courthouse, 7200 Charles R. Jonas Federal Building, 401 W. Trade St., Charlotte, NC 28202. However, if you are represented by your own attorney, your attorney must file your objection through the Court’s Case Management/Electronic Case Filing (CM/ECF) system. To be considered timely and valid, all statements of objection must be filed with the Court by, or mailed sufficiently in advance to be received by the Court by, May 5, 2026. Any Settlement Class Member who does not comply with the above deadline and requirements shall be deemed to have waived all objections to and shall be forever barred from challenging the Settlement. However, as provided in the Court’s preliminary approval order, notwithstanding any requirement or process set forth herein (including the provisions described in this Section), the Court may, for good cause shown, permit an objection to the Settlement and allow the participation of any person at the Fairness Hearing.

Objecting simply means telling the Court that you don’t agree with something about the Settlement, but that you are still willing to be bound by it if the Settlement is finally approved despite your objection. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class at all. If you exclude yourself, you will not be subject to the Settlement and therefore cannot object to the Settlement or appear at the Fairness Hearing because the case will no longer affect you.

A Fairness Hearing has been set for June 9, 2026, beginning at 9:30 a.m. EDT, before the Honorable Kenneth D. Bell at the United States District Court for the Western District of North Carolina, U.S. Courthouse, 7200 Charles R. Jonas Federal Building, 401 W. Trade St., Charlotte, NC 28202. At the hearing, the Court will consider whether to: (1) grant final certification to the Settlement Class for settlement purposes; (2) approve the Settlement as fair, reasonable, and adequate; and (3) award any attorneys’ fees and expenses to Class Counsel and service awards to Plaintiffs. The Court will also consider any and all objections to the Settlement and any other issues relating to the Settlement. After the hearing, the Court will decide whether to approve the Settlement. It is not possible to predict how long the Court’s decision will take.

NOTE: The Court has reserved the right to change the date and/or time of the Fairness Hearing, or to continue it, without further notice. If you plan to attend the Fairness Hearing, you should confirm the date and time shortly before travelling to attend the hearing by checking the Settlement Website homepage HERE or the Court’s Public Access to Court Electronic Records (PACER) system at https://pcl.uscourts.gov/pcl/pages/welcome.jsf.

No. Class Counsel will represent the Settlement Class at the Fairness Hearing. But you are welcome to come at your own expense. Even if you send an objection, you are not required to come to the Fairness Hearing to talk about it. As long as your objection was timely filed and meets the other requirements described in Section 16, the Court will consider it. You may also hire and pay your own lawyer to attend the Fairness Hearing at your expense, but you are not required to do so.

You may ask the Court for permission to speak at the Fairness Hearing, but only if you timely file an objection in full compliance with the instructions set forth in Section 16, and if you also state in that objection that you would like to speak at the Fairness Hearing. However, any separate attorney you hire may appear only if he or she files through the Court’s Case Management/Electronic Case Filing (CM/ECF) system a separate “Notice of Intention to Appear in Williams v. PHH (case number 3:25-cv-00144-KDB-UMJ).” That notice must be filed with the Court no later than May 5, 2026. You cannot speak at the Fairness Hearing if you have excluded yourself from the Settlement Class.

If you meet the definition of the Settlement Class and you do nothing, and the Settlement is approved and reaches the Final Settlement Date, you will remain a Settlement Class Member and you will automatically receive an Individual Allocation. You will also be bound by the Settlement’s release and other terms, and therefore you will not be able to file your own lawsuit, continue with your own lawsuit, or be part of any other lawsuit against any Released Persons concerning any of the Released Claims.

This notice summarizes the Settlement. For the precise terms and conditions of the Settlement, please see the full Stipulation of Settlement and Release available HERE, by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://pcl.uscourts.gov/pcl/pages/welcome.jsf, or by visiting the office of the Clerk of the Court, United States District Court for the Western District of North Carolina, U.S. Courthouse, Charles R. Jonas Federal Building, 401 W. Trade St., Room 1200, Charlotte, NC 28202, between 8:30 a.m. and 12:30 p.m., or between and 1:30 p.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

Please Do Not Telephone The Court, The Court Clerk’s Office, Or PHH To Inquire About This Settlement.