AVID ACCEPTANCE LLC v. ARIA C SMITH

You are not being sued. Avid’s records show that your vehicle was repossessed and sold by Avid in the state of Ohio after October 13, 2016, and a balance remained on your account after the sale of your vehicle. In connection with the repossession and sale of the vehicle by Avid you were sent certain post-repossession notices that were the subject of this lawsuit.

The Court ordered that you be sent the notice because you have a right to know about the proposed Settlement and your options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, Avid will make certain payments according to the terms of the Settlement and ensure that the balance eliminations provided for by the Settlement are made.

The notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and how to obtain them. The Court in charge of the case is the Cuyahoga County Court of Common Pleas, and the case is known as Avid Acceptance, LLC v. Aria C.  Smith, Case No. CV-22-969939. Aria Smith (“Ms. Smith”) is the individual who filed the class-action counterclaim in this lawsuit.

Avid was assigned automobile financing contracts made between automobile dealers and consumers. Consumers who failed to timely pay the amounts due to Avid and had their vehicles repossessed and sold by Avid in the state of Ohio received notices regarding the repossession and sale of the vehicle. Ms. Smith alleges that these notices regarding the repossession and sale of the vehicles, sent by Avid to the consumers, did not comply with Ohio law. However, Avid alleges that the notices were sufficient and in compliance with Ohio law. At no point has the Court ruled on either party’s allegations, and neither party admits to liability as a part of this Settlement.

In a class action, one or more people called a “Class Representative” (in this case, Ms. Smith) sued on behalf of other people who the Class Representative contends have similar claims. That group of people together are a “Class” or “Class Members.” One court resolves the issues for everyone in the Class. Judge William T. McGinty (the “Judge”) is the judge in charge of this Class Settlement.

The Court has not decided in favor of Ms. Smith or Avid. Ms. Smith believes she would have won at trial and Avid thinks it would have won, but there was no trial. Instead, both sides have agreed to settle this matter. Settlement is favored to avoid the costs of trial, eliminate the parties’ risks of losing at trial, and ensure that the Class will be compensated. The Class Representative and Class Counsel believe the Settlement is best for all Class Members.

You were sent a notice because Avid’s records show that you fit the definition of a Settlement Class Member.

You are in the class if: Your vehicle was repossessed and sold by Avid in Ohio, and you were sent one or more Post-Repossession Notices by or on behalf of Avid between October 13, 2016, and April 30, 2025, in connection with the repossession and sale of the vehicle and a balance remained on your account after the sale of your vehicle.

You are not in the class if: You have already reached an agreement with Avid regarding the payment of the account or a reduction of the balance; you are subject to an existing release or judgment that would include the claims at issue; you redeemed your vehicle after repossession for the time period identified; you have filed for bankruptcy after buying the vehicle and obtained a discharge; you are a debtor in a pending bankruptcy; or you send a request for exclusion that is timely received.

Avid has agreed to establish a fund of $325,000.00 (the “Settlement Fund”) to pay Settlement Class Members, a class representative incentive payment to Ms. Smith, and attorneys’ fees awarded by the Judge to Class Counsel.

Deficiency Balance Subclass: Avid will waive its right to collect any balance you currently owe to Avid, reducing your account balance to $0, if you currently have an outstanding balance on your Avid account and have not made a payment of more than $25.00 on your account after the repossession and sale of your vehicle. Your Deficiency Balance is estimated to be [the amount found on your individual notice]..

Deficiency Payment Subclass: If you paid an amount greater than $25.00 toward your account balance after repossession and sale of your vehicle, you will receive any such payments back in cash via check. Also, Avid will waive its right to collect the remaining balance owed on your account and your balance will be reduced to $0. Your Deficiency Payment is estimated to be [the amount found on your individual notice].

If your Deficiency Payment amount is $0.00, then you are in the Deficiency Balance subclass. If your Deficiency Payment amount is greater than $0.00, then you are in the Deficiency Payment subclass.

The Court has decided that the following lawyer is qualified to represent you and all Class Members. This lawyer is referred to as “Class Counsel” in this Notice:

Ronald Frederick
Frederick & Berler LLC
767 East 185^th Street
Cleveland, Ohio  44119

Mr. Ronald Frederick, Esq., is experienced in handling similar cases. More information about this attorney, his practice, and his experience is available at www.clevelandconsumerlaw.com.

Class Counsel has been litigating this case since 2023 and has incurred substantial legal fees to date. Class Counsel will ask the Court to approve payment of an amount not greater than $279,701 to him for attorneys’ fees and expenses, and payment of $25,000.00 to Ms. Smith for her services as Class Representative. On or before March 11, 2026, Class Counsel will file a Motion and a Memorandum in Support detailing their fee request. These pleadings will be available for your review on the Court’s docket at https://cpdocket.cp.cuyahogacounty.us. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. No fees and expenses are payable unless the Court finds them reasonable. The fees, expenses, and payments that the Court awards will be paid from the Settlement Fund established by Avid. Avid has agreed not to oppose an award of Class Counsel’s fees and expenses up to this amount. Avid’s lawyers will be paid by Avid, and their fees will not be paid from the Settlement Fund.

To object, you must send a letter saying that you object to the proposed Class Settlement in Avid Acceptance, LLC v. Aria C.  Smith, Case No. CV-22-969939. Be sure to include the case name, case number, your full name, address, telephone number, and a notarized written statement with your signature stating the reason you object to the Settlement along with any legal support for the objection. With your objection, provide copies of any papers, briefs, or other documents upon which your objection is based. Also state whether you or your own independent counsel intend to appear at the Fairness Hearing. You must also provide a list of all cases where you and/or your independent counsel have filed objections to class action settlements in the last five years. Any objection must be received by the Court no later than March 4, 2026. Mail the objection to these four different addresses:

If you do not want to be part of the Settlement, you must send a letter saying you want to be excluded from the Settlement Class in Avid Acceptance, LLC v. Aria C. Smith, Case No. CV-22-969939. You must include your full name, current mailing address, and telephone number. The letter must be personally signed by you and include the statement: “I/we request to be excluded from the proposed Avid class settlement in Avid Acceptance, LLC v. Aria C. Smith, Case No. CV-22-969939.” Your request to be excluded must be received by March 4, 2026. You cannot opt out by phone or by email. If you request to be excluded, any co-obligor on your account will also be deemed to be excluded. You must send your opt-out notices to the following four addresses:

The proposed Settlement must be finally approved by the Court to go into effect. On March 18, 2026, in the Cuyahoga County Court of Common Pleas, a hearing will be held on whether the proposed Settlement should be approved as fair, reasonable, and adequate. The Court is located at 1200 Ontario Street, Cleveland, OH 44113. If there are objections, the Court will consider them. The Fairness Hearing will be limited to argument by counsel for the Parties and argument by any objector or objector’s counsel who have submitted an objection in compliance with this Agreement and the Preliminary Approval Order. The Court may decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.  

No, you do not have to come to the hearing. Class Counsel will answer questions Judge William T. McGinty may have. But you and/or your independent counsel are welcome to come. If you send an objection, you don’t have to come to Court to present it. As long as your written objection was received on time and complies with the requirements in this notice, the Court will consider it. You may also pay your own independent lawyer to attend, but this is not necessary.

If you do nothing and the Settlement is approved by the Court, you’ll receive the cash payment and/or elimination of your account balance, depending on which subclass you are in as described in this Notice and by the attachment. By accepting the Settlement and its benefits, you release your right to bring a lawsuit against Avid relating to your account or vehicle contract or to bring a lawsuit against Avid or anyone else about the legal issues in this case. The attachment to this notice will inform you if you are a member of the Deficiency Balance Subclass or Deficiency Payment Subclass and the benefit you are to receive under the Settlement. You can only be a member of one of the subclasses.

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 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: Avid v Smith Settlement, c/o Settlement Administrator, P.O. Box 23459, Jacksonville, FL 32241.

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: Avid Smith Settlement, c/o Administrator  PO Box 23459, Jacksonville, FL 32241.

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: Avid v Smith, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement from the Settlement Administrator’s website at www.avidsmithsettlement.com. Questions or requests for information should NOT be directed to the Court. Should you have questions that are not answered by this notice, contact the Settlement Administrator at  [email protected] or by mail at Avid v Smith Settlement, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241, or Class Counsel (at contact information listed in above FAQs).