This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
How do I get more information about the UIA Bauserman Settlement?
A: Registration and Claim Forms, the Settlement Agreement, the Court’s Amended Order Approving the Settlement, the Court approved Notice, the Plan of Allocation and other important documents are available to be reviewed and downloaded here. Analytics Consulting LLC has been appointed by the Court as the Claims Administrator. You may also request a copy of these documents by sending an email to info@uiaclassaction.com, or by phone at 1-833-438-5028, via fax at 952-404-5750, or by mail at UIA Fraud Class Action, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen, MN 55317-2002.
Q: Am I a member of the class?
A: To be a member of the class, you must have experienced your first loss of property (e.g., garnishment, tax refund intercept, or other seizure of your property) on or after March 9, 2015. If your first loss of property was before March 9, 2015, you are not a member of the class, even if you experienced additional losses of property after that date.
The Court has preliminarily defined the Class as:
“Those individuals who received an initial Determination or Re-Determination of Intentional Misrepresentation issued by the Agency between October 1, 2013, and August 31, 2015, issued initially through the Agency’s auto-adjudication process, and suffered a first collection on or after March 9, 2015, and who does not opt-out of the settlement.”
Q: How do I register and file a claim for participation in the Settlement?
A: The first step for participation in the Settlement is for you to timely complete and submit the Bauserman UIA False Fraud Class Action Registration Form (“Registration Form”) to the Claims Administrator.
To register and submit a claim click here, or call 1-833-438-5028 Monday through Friday, between 8:30 a.m. and 5:00 p.m. Central Standard Time.
Your Registration Form must be received by the Claims Administrator no later than September 15, 2023. Registration Forms are part of the Package and can be completed online here or by printing the Form from the Settlement Website (www.UIAClassAction.com) and mailing, faxing, or emailing the completed form.
Your Claim Form must be received by the Claims Administrator not later than September 15, 2023. If you mail the Claim Form, the envelope must be postmarked by September 15, 2023.
Q: Do I have to submit a Registration Form to be eligible for an award
A: Yes. To be eligible for an award, you must first submit a Registration Form to the Claims Administrator. This is the only way for you to be eligible for an award from a Compensation Fund. Your Registration Form must be submitted or postmarked on or before TBD (Extended). If your Registration Form is not submitted or postmarked by that date, it will not be considered. You may complete the Registration Form online by clicking here. It will take less than five minutes to complete the Registration Form.
Q: How will my award be determined?
A: There are two types of awards that will be available to you as an eligible Class Member. One award will be based on your economic losses. A Class List has been prepared and if you are on that that List, your economic losses, as reported by the UIA, will be shared with you by the Claims Administrator shortly after you submit a Registration Form. You may complete the Registration Form online by clicking here. It will take less than five minutes to complete the Registration Form.
If you agree on the amount reported, you can submit a Claim Form for the amount reported to you and no further action will be required. The amount of your award for economic losses will be determined in part by the number of claimants who come forward. After all claims for economic losses are received, the Claims Administrator will advise you of what percentage of your economic losses will be awarded to you.
The second type of an award will be based on submitted evidence that the wrongful collection was a contributing factor to certain defined Hardships such as bankruptcy, loss of property, job loss, or other conditions set forth in the Plan of Allocation. You must be an eligible Class Member to apply for a Hardship Impact Award. In order to make a Hardship Impact claim you will have to complete a questionnaire about your injuries and submit a claim form which follows the guidelines set forth in the Plan of Allocation. Class Counsel and Claims Administrator will be able to assist you in your navigation through this part of the process.
Q: How will the Claims Administrator decide if I am eligible for an award?
A: The Claims Administrator will decide that you are eligible for an award if your name appears on the Class List. The Class List was prepared by the Special Master based on her review of UIA databases identifying Class Members who experienced wrongful collections, the type of wrongful collection, the date and amount of the collection, and the amount of any refund. If your name is on the Class List, you will be deemed eligible for an award. You must still submit a Registration Form and a Claim Form.
Q: How will I be notified of my eligibility to receive an award.
A: After you submit your Registration Form, the Claims Administrator will review it and determine if your name is on the Class List. If your name is on the Class List, the Claims Administrator will notify you that your name is on the Class List and that you are eligible to receive an award. The Claims Administrator will also notify you of the amount of your losses according to UIA records and the amount of any refund UIA says you received.
Q: I believe I am a Class Member, but I have not been informed of my eligibility. What should I do?
A: Contact the Claims Administrator to determine if you are a Class Member. You can reach the Claims Administrator via the website, www.UIAClassAction.com, by email to info@uiaclassaction.com, by phone at 1-833-438-5028, via fax at 952-404-5750, or by mail at UIA Fraud Class Action, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen, MN 55317-2002.
Q: The Claims Administrator has informed me that I am not on the Class List, but I believe that I am a Class Member. What should I do?
A: Submit an appeal to the Claims Administrator. Information on how to submit an appeal is available on the website here. You will be required to submit clear and convincing evidence that you are a Class Member.
Q: Can I be eligible for an award if my name is not on the Class List?
A: Yes. If you are not on the Class List and you believe you are eligible because you experienced a first wrongful collection on or after March 9, 2015, you can still establish your eligibility through a two-step appeal process.
The first step of the appeal process is that you must submit to the Claims Administrator evidence supporting your claim for eligibility. Your evidence must include a document or documents showing that you experienced your first wrongful collection on or after March 9, 2015. Your documents must also be “contemporaneous,” which means the documents are from the time when the collection happened, and not prepared at a later time. This evidence must be submitted to the Claims Administrator within 21 days of the notification of ineligibility. The Claims Administrator will issue either a favorable or unfavorable eligibility notice within 7 days of receiving your evidence.
The second step in the appeal process happens if the Claims Administrator denies your appeal by issuing an unfavorable notice. If the Claims Administrator denies your appeal, you will have 7 days from the day of receiving the unfavorable notice to file an appeal with the Special Master. The Special Master will decide the appeal within 7 days and her decision is final and binding.
Q: If I disagree with the amount of losses shown on the Class List, what should I do?
A: If you disagree with the amount of the losses shown on the Class List, you can appeal that amount using the two-step appeal process in the Plan of Allocation.
The first step is for you to submit clear and convincing evidence to the Claims Administrator proving the correct economic loss you believe you experienced because of the wrongful collection activity of the UIA. Your evidence must include documents supporting your claim. Your documents should prove the amount that was collected and the amount of any refunds you received. Your documents must also be “contemporaneous,” which means the documents are from the time when the wrongful collection happened, and not prepared at a later time. This evidence must be submitted to the Claims Administrator within 21 days of the notification of what your economic losses are according to UIA records. The Claims Administrator will issue either a favorable or unfavorable eligibility notice within 7 days of receiving your evidence.
If the Claims Administrator denies your appeal, you will have 7 days from the day of receiving the unfavorable notice to file an appeal with the Special Master. The Special Master will decide your appeal within 7 days after receiving your notice of the appeal and her decision is final and binding.
Q: My appeal to the Claims Administrator was denied. What should I do?
A: Submit an appeal to the Special Master. An appeal to the Special Master begins by contacting the Claims Administrator and notifying the Claims Administrator that you wish to appeal. You can reach the Claims Administrator via the website, www.UIAClassAction.com, by email to info@uiaclassaction.com, by phone at 1-833-438-5028, via fax at 952-404-5750, or by mail at UIA Fraud Class Action, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen, MN 55317-2002.
Q: I have been informed of my eligibility, but I do not want to participate in the Class Settlement. What should I do?
A: You may exclude yourself from this Class Action Settlement by submitting a timely letter signed by you stating your wish to be excluded from the settlement. Your right to exclude yourself from the Class Action Settlement is often described as your “Opt Out” right. Your Opt Out letter should be addressed to Class Counsel and Counsel for the UIA and sent via US mail, hand delivered, overnight mail service, emailed, or submitted online at www.UIAClassAction.com with an electronic signature and received no later than September 15, 2023. If sent by US mail, the envelope should clearly show it was deposited with the US Postal Service no later than September 15, 2023.
The address for Class Counsel is: Pitt McGehee Palmer Bonanni & Rivers PC, 117 W. Fourth Street, Suite 200, Royal Oak, MI 48067.
The address for Counsel for the UIA is: Debbie Taylor, Jason Hawkins, Michigan Department of Attorney General, 3030 W. Grand Blvd, Ste. 9-600, Detroit, Michigan, 48202.
Q: If I opt out and exclude myself from the Class Action Settlement, can I still receive an award from the compensation fund?
A: No. If you Opt Out/exclude yourself, you will receive no payment from the Settlement. Excluding yourself from the Settlement is the only option that allows you to keep your right to bring your own lawsuit against the State of Michigan for the same claims.
Q: What can I expect if I opt out of the Class Action Settlement?
A: If you Opt Out/exclude yourself from the Class Action, you will not be able to participate in the Settlement or file a Registration Form or an Objection. You should consult with an attorney of your choice before making the decision to exclude yourself from the Class Action Settlement. Your ability to successfully bring your own lawsuit against the UIA, due to the passage of time and other legal issues, is very limited and you should make an informed decision as to your best course of action. Do not contact the Court for legal advice. Do not send your Opt Out letter to the Court.
Q: At one time, the media reported that there were many more than 8,200 Class Members affected by the UIA’s collection activities. Why has that number decreased to approximately 8,200 Class Members?
A: The estimated size of the Class decreased because of the decision of the Michigan Supreme Court in Bauserman et al v. Unemployment Agency, 503 Mich. 169 (2019). In that case, the Michigan Supreme Court held that only those individuals that had experience a wrongful collection for the first time on or after March 9, 2015, could maintain a claim against the UIA. As a result of the Court’s decision, there are many individuals who experienced the first unlawful collection activity before March 9, 2015, and because of that Court ruling will not be able to participate in the Class Action Settlement. A copy of the Michigan Supreme Court’s decision is available on the Claim Administrator’s website www.UIAClassAction.com.
Q: I would like to inform the Court of my objection to the Settlement. What should I do?
A: If you are an eligible Class Member and you do not exclude yourself from the Class Action Settlement, you can write the Court about why you agree or disagree with the Settlement including the amount of Settlement, the Plan of Allocation, the award of attorney’s fees and administrative expenses. The Court cannot order a different Settlement. Your Objection must be received by the Court by September 15, 2023. If mailed, the envelope must be postmarked by September 15, 2023. You can also ask to speak to the Court at the Final Approval Hearing on January 29, 2024, about the fairness of the Settlement, with or without your own attorney.
Q: Will the Court hold additional hearings to consider objections and determine the fairness of the Class Action Settlement?
A: The Court has scheduled a Fairness hearing to take place on January 29, 2024, at 10:00 AM at the Michigan Court of Claims Hall of Justice, 925 W. Ottawa St, P.O. Box 30185 Lansing, MI 48909-7522.
At the Fairness Hearing the court will review the entire Settlement and consider any timely Objections.
Q: If I am an eligible Class Member and do not file a Claim or opt out, what will happen?
A: You will not receive an award and you will not be able to pursue any further legal claims against the UIA. You will be bound by the final judgment entered by the Court.
Q: When will settlement awards be paid?
A: It is estimated that disbursements to claimants and payment of attorney fees will occur in the first quarter of 20214 (by March 31, 2024) after the Court has entered its order of final approval.