CRYSTAL JOHNSTEN et al. v. PROGRESS RESIDENTIAL, LLC et al.

Case No. 2024-CA-001692 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA, CIVIL DIVISION

Frequently Asked Questions

  1. Am I being sued?

    1. 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.

  2. What is this case about?

    1. Plaintiffs filed this putative class action for alleged (i) violations of the Florida Consumer Collection Practices Act, Chapter 559, Florida Statutes (“FCCPA”); (ii) violations of the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Florida Statutes (“FDUTPA”); (iii) negligent misrepresentation; (iv) unjust enrichment; (v) declaratory judgment; and (vi) breach of contract arising out of assessment and/or collection of Eviction Attorney’s Fees. The parties agreed to settle these claims in a Class Action Settlement for the monetary and non-monetary benefits and releases set forth in the Settlement Agreement.

  3. Who is a member of the class?

    1. Sometime during the four years prior to August 26, 2024 (the “Class Period”), you were assessed Eviction Attorneys’ Fees.  A lawsuit has alleged that the assessment of those Eviction Attorneys’ Fees was wrongful. The parties to the lawsuit have agreed to a settlement, without any determination that any party engaged in wrongful conduct. You are a member of the proposed Settlement Classes and, unless you request to opt-out of the Settlement Class, you may be eligible to receive a payment.

  4. What are the benefits of the settlement?

    1. Members of the Paid Class, who ended their tenancy owing less to Progress than what they paid in Eviction Attorneys’ fees during their tenancy or are current tenants and owe less to Progress than what they paid in Eviction Attorneys’ Fees, shall receive a payment equal to seventy-five percent (75%) of the total Eviction Attorneys’ Fees paid during the Class Period. Members of the Balance Class, who paid Eviction Attorneys’ Fees to Progress and ended their tenancy owing more to Progress than what they paid in Eviction Attorneys’ Fees during their tenancy, shall receive a payment equal to 30% of the total Eviction Attorneys’ Fees paid during the Class Period.  Members of the Attempted Collection Class, who were assessed Eviction Attorney’s Fees but did not pay them, shall receive a release of claims against them as defined in the Settlement Agreement.

  5. Do I have to go to Court?

    1. If you take part in the settlement and do not object to it, you do NOT have to appear at the hearing.

  6. Do I need to do anything to receive benefits from the settlement?

    1. If you are eligible to receive the monetary benefits of this Settlement, you do not have to take any action. If and when the Settlement is finally approved by the Court, a Settlement payment calculated in accordance with the Settlement Agreement will be mailed to you at the same address as the Notice.

  7. How do I update my address?

    1. 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 use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

      A different option is to 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: Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

  8. How do I submit a name change (Marriage/Divorce/Court Order Name Change)?

    1. 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: Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

  9. What do I do if the Class Member is deceased?

    1. 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: Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

  10. How do I opt-out of the settlement?

    1. If you wish to be excluded you must send a written Request to Johnsten v Progress Residential c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241 no later than November 20, 2026 stating your name, address, and the following statement: “I request exclusion from the Settlement Class in Johnsten v. Progress Residential, Case No. 2024-CA-001692.”

  11. How do I object to the settlement?

    1. You may appear at the Final Fairness Hearing to be heard in opposition to the Settlement. The Court will hold a Final Fairness Hearing on January 11, 2027 at 9:30 am before the Honorable Jessica J Recksiedler to determine whether the proposed Settlement is fair, reasonable and adequate. You must submit a written objection by November 20, 2026.

  12. How do I get more information about the settlement?

    1. A copy of the Settlement Agreement can be found on the Important Court Documents page. You may contact the Settlement Administrator at [email protected], or by mail at:

      Johnsten v Progress Residential
      c/o Settlement Administrator
      PO Box 23369
      Jacksonville, FL 32241