AFNI, INC. v. THUY MARTINEZ, ET AL. Settlement

No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

In the lawsuit, the Class Representative Thuy Martinez alleges Counterclaim Defendants, mailed defective presale notices and post-sale explanations. Because of this, the Class Representative asserts that Counterclaim Defendants owe them money. The claims against Counterclaim Defendants allege notices and explanations sent to borrowers by Counterclaim Defendants before and after their property was repossessed failed to comply with the form and content requirements of the Uniform Commercial Code. Counterclaim Defendants deny they did anything wrong.

The Court decided that Class Members include all individuals to whom Counterclaim Defendants mailed a presale notice or post-sale explanation after July 25, 2017, except those against whom the SFB Defendants obtained a deficiency judgment or who filed for bankruptcy after the date of the presale notice.

Class Representative is asking for changes in Counterclaim Defendants’ notices to ensure they comply with the Uniform Commercial Code. Class Representative also wants money for each Class Member that is no less than the “Finance Charge” plus 10% of the “Amount Financed” listed on each borrower’s contract.

At this time, no money or benefits are available and there is no guarantee that money or benefits ever will be obtained. If they are, you will be notified.

If you take part in the settlement and do not ask to be excluded, you do NOT have to appear at the hearing.

IN ORDER TO OBTAIN THE BENEFITS OF THIS LAWSUIT, YOU DO NOT HAVE TO DO ANYTHING.  

However, if the notice was forwarded by the Postal Service, or if it was sent to you at an address which is not current, you should immediately contact the class administrator named below infosfbnoticeclass.com, stating your past and current addresses.  If you move from the address on record, you should send notice of your new address again. 

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: Afni v Martinez c/o Class Administrator, P O Box 23309, 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: Afni v Martinez c/o Class Administrator, P O Box 23309, 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: Afni v Martinez c/o Class Administrator, P O Box 23309, Jacksonville, FL, 32241.

If you do not wish to participate in this Class Action, you can request exclusion from the Class. If you choose to be excluded, you will (1) not share in the benefits, if any, that members of the Class may be entitled to as a result of trial of this lawsuit, and (2) not be bound by any decision in this lawsuit favorable to the Counterclaim Defendants. To ask to be excluded, you must send an email or written notification specifying that you want to be excluded from this Class Action. If by email, send to [email protected] by July 22, 2025. If by letter, send to: Afni v Martinez Exclusions c/o Class Administrator, P O Box 23309, Jacksonville, FL, 32241 postmarked by July 22, 2025.

The Notice that you received is pretty informative about the settlement.  Please read it as it likely has the answers you are seeking.  However, if you need something specific and cannot find the answer, you can contact the settlement administrator at  [email protected] or by calling 1-800-351-1696 toll free. You may also contact The lawyer representing the Class Representative and the class, Tracy L Malloy, 110 E Lockwood Ave, Saint Louis, MO 63119, or email [email protected].

DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS.  They are not permitted to answer your questions.

You can access the “Parties & Attorneys,” “Docket Entries” and “Scheduled Hearings & Trials” here on the Missouri Court website.

You can also access the case docket in person by going to any Missouri Court.