If you entered into a loan agreement with Lendmark which includes a loan fee, you could be a Class Member in a Class Action Lawsuit.

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1 BY ORDER OF THE CIRCUIT COURT FOR BALTIMORE CITY If you entered into a loan agreement with Lendmark which includes a loan fee, you could be a Class Member in a Class Action Lawsuit. The Circuit Court for Baltimore City authorized this notice. This is not a solicitation from a lawyer. A class action lawsuit alleges that Lendmark Financial Services, LLC ( Lendmark ) entered into transactions where it failed to disclose interest rates as required by Maryland law and/or charged interest in excess of what is allowed by Maryland law, and that Lendmark cannot enforce its arbitration agreement against Class members in Maryland state court. Lendmark denies the allegations, denies that it acted improperly or wrongfully and maintains it has numerous valid defenses. The Court has not decided if Lendmark did anything wrong. The Court has, however, decided that this lawsuit can be a class action because it satisfies the requirements of the Maryland Rules, which apply to class actions in state court. If you are a Class Member, your legal rights are affected whether you act, or don t act. Read this notice carefully. LEGAL RIGHTS AND OPTIONS FOR CLASS MEMBERS: DO NOTHING If you are a Class Member, and you do nothing, you will remain a Class Member. All of the Court s orders will apply to you and legally bind you. If the Class wins a judgment, you will share in that judgment. The Court s judgment, whether favorable or not, will include all Class Members who do not request to be excluded. If you remain in the Class, you can t sue, continue to sue, or be part of any other lawsuit against Lendmark about the legal issues in this case. EXCLUDE YOURSELF If you exclude yourself, or opt out of the class action (that is, not participate in the case), you will no longer be a Class Member. You will not share in a judgment if one is obtained for the Class, however, you will keep the right to sue Lendmark about the legal claims raised in this lawsuit in another case. These rights and options and the deadlines to exercise them are explained in this notice. The Court in charge of this case still has to decide whether Lendmark did anything wrong. There is no settlement or judgment at this time. Please be patient. -1-

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE Why did I get this Notice? 2. What is this lawsuit about? 3. Why is this a class action? WHO IS IN THE CLASS... PAGE How do I know if I am a Class Member? 5. Are there exceptions to being included? 6. I m still not sure if I am included. 7. What am I giving up to stay in the Class? EXCLUDING YOURSELF FROM THE CLASS... PAGE How do I get out of the Class? 9. If I don t exclude myself, can I sue Lendmark for the same thing later? 10. If I exclude myself, can I get benefits from a judgment in this case? THE LAWYERS REPRESENTING YOU... PAGE Do I have a lawyer in the case? GETTING MORE INFORMATION... PAGE Are there more details about the lawsuit? 1. Why did I get this Notice? BASIC INFORMATION You or someone in your family may have entered into a loan agreement with Lendmark which includes a loan fee and which elects to be governed by Maryland s Credit Grantor Closed End Credit Provisions, Subtitle 10 of Title 12 of the Maryland Code ( CLEC ) if you did so, you are a Class member in this case. The Court sent this notice because Class Members have a right to know about this class action lawsuit, and about your option to exclude yourself from the class action. The Court in charge of the case is the Circuit Court for Baltimore City, and the case is known as Lendmark Financial Services, LLC v. Cruz, Case No.: 24C What is this lawsuit about? The lawsuit claims that Lendmark entered into loan transactions where it charged a loan fee which it did not disclose as part of the simple interest rate disclosure in violation of Maryland law, and which may have resulted in interest rate charges in excess of what is allowed under Maryland law. The lawsuit also claims that Lendmark s arbitration agreements with Class members cannot be enforced in Maryland state court. Lendmark denies it did anything wrong. -2-

3 3. Why is this a class action? In a class action, one or more people called Class Representatives (in this case Brenda Cruz), filed claims on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members. The Circuit Court for Baltimore City is in charge of this class action. WHO IS IN THE CLASS 4. How do I know if I am a Class Member? The Circuit Court for Baltimore City has certified two Classes and one Subclass in this case. The Court decided that everyone who fits the following description is a Member of a Class called the CLEC Class : All consumers who entered into a contract with Lendmark which elects to be governed by CLEC and which includes a loan fee. The Circuit Court for Baltimore City also decided that everyone who fits the following description is a member of the CLEC Subclass : All consumers who entered into a contract with Lendmark which elects to be governed by CLEC and which includes a loan fee and the annual percentage rate stated on their agreement exceeds 24%. The Circuit Court for Baltimore City also decided that everyone who fits the following description is a member of a Declaratory Class : All consumers who entered into a contract which elects to be governed by Maryland s Credit Grantor Closed End Credit Provisions, Md. Code Ann., Com. Law et seq. ( CLEC ), which contract includes a loan fee, and who Lendmark contends signed an arbitration agreement in the form represented by Exhibit 1 to Lendmark s Complaint in this action, where the contract electing to be governed by CLEC contains an integration clause requiring all outside agreements to be signed by Lendmark. 5. Are there exceptions to being included? You are not a Class Member in this case if: Lendmark marked your loan agreement with the word paid or cancelled and returned to you each agreement, note, or other evidence of the loan or gave you a -3-

4 written statement that identified your loan transaction and stated that your loan has been paid in full, on or before February 9, 2016, Your loan originated prior to August 9, 2013, A judgment was granted in favor of Lendmark on your loan on or before August 9, 2016, You were granted a discharge pursuant to the U.S. Bankruptcy Code or state receivership laws after the date of your loan from Lendmark where the claims asserted in this lawsuit were not exempted, You are an employee, officer or director of Lendmark or its parent or subsidiary companies, or You are an employee of the Court. 6. I m still not sure if I am included. If you are still not sure whether you are included, you can ask for free help. You can call or visit for more information. 7. What am I giving up to stay in the Class? Unless you exclude yourself from this case, you will remain a Class member, and that means that you can t sue, continue to sue, or be part of any other lawsuit against Lendmark about the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. EXCLUDING YOURSELF FROM THE CLASS If you don t want to stay in the Class, then you must take steps to get out. This is called excluding yourself or is sometimes referred to as opting out of the Class. 8. How do I get out of the Class? To exclude yourself from the Class, you must send a letter by mail saying that you want to be excluded from the Class in Lendmark Financial Services, LLC v. Cruz. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than February 19, 2018 to: Lendmark Financial Services, LLC Exclusions c/o Strategic Claims Services P.O. Box 230 Media, PA If you ask to be excluded from the Class, you will not benefit from any recovery that might be paid to the CLEC Class and/or CLEC Subclass as a result of a trial or settlement of this lawsuit. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Lendmark in the future. -4-

5 9. If I don t exclude myself, can I sue Lendmark for the same thing later? No. Unless you exclude yourself, you give up any right to sue Lendmark for the claims in this lawsuit. If you have a pending lawsuit about the claims in this lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from the Class to continue another lawsuit making the same claims as this case. Remember, the exclusion deadline is February 19, If I exclude myself, can I get benefits from a judgment in this case? If you exclude yourself, you cannot be part of a judgment for or against the Classes in this case. But, you may sue, continue to sue, or be part of a different lawsuit against Lendmark which raises the same claims being litigated by the Class in this case. THE LAWYERS REPRESENTING YOU 11. Do I have a lawyer in this case? The Court appointed the law firm of Gordon, Wolf & Carney, Chtd., in Towson, Maryland, to represent you and other Class Members. These lawyers are called Class Counsel. If you are a Class Member and you want to be represented by your own lawyer, and you do not request exclusion, you may hire a lawyer at your own expense and enter an appearance through that lawyer. GETTING MORE INFORMATION 12. Are there more details about the lawsuit? This notice summarizes the lawsuit. More details are in the Complaint and other documents filed in Court. You can get a copy of the Complaint and other important documents filed in Court by visiting You can call toll free; write to Lendmark Financial Services, LLC v. Cruz Lawsuit, c/o Strategic Claims Services, P.O. Box 230, Media, PA 19063; or visit the website at where you will find answers to common questions about the lawsuit and other information to help you determine whether you are a Class Member. BY ORDER OF THE CIRCUIT COURT FOR BALTIMORE CITY. -5-