UPDATED OCTOBER 21st, 2009
AMENDED ORDER Finally Approving Class Action Settlement
PROPOSED FINAL CLASS ACTION SETTLEMENT AND
HEARING CONCERNING FFP ADVISORY SERVICES, INC.
If you participated in The Insured Risk Management Program (also known as the Insured Money Management Program) between 1998 and 2001, you may be entitled to Settlement Benefits
THIS CLASS NOTICE MAY AFFECT YOUR RIGHTS
PLEASE READ IT CAREFULLY
This Settlement Website concerns a Final Settlement of a class action lawsuit, Florence R. Roberts, et al. v. FFP Advisory Services, Inc., Civil Action No. 1:05cv38-D-D, (“the lawsuit”) filed against FFP Advisory Services, Inc. (“FFP Advisory”), in the United States District Court for the Northern District of Mississippi. The suit is filed on behalf of FFP Advisory customers who participated in the Insured Money Management Program (“IMMP”), marketed to and offered through FFP Advisory between 1998 and 2001. The IMMP, for a fee, guaranteed Class Members’ investments against loss of principal over a five (5) year period in accordance with an Addendum issued to participants by FFP Advisory.
The IMMP contracts, which were entered into by each Class Member, were issued by FFP Advisory. The Plaintiffs, individually and on behalf of the Class, contend that FFP Advisory breached the IMMP contract with each Class Member by failing to properly insure and reimburse Class Members for losses sustained during the five (5) year investment period.
The Class Notice is to advise you of the Final Settlement that has been reached in this action with FFP Advisory, the only remaining Defendant. As a Class Member, you should have previously received notice of the Partial Settlement with First Financial Planners, Inc., and FFP Securities, Inc., which was approved by the Court by Order dated November 9, 2006. If you are a Class Member, and you did not opt out of the Partial Settlement, you are eligible to receive a distribution from the Partial Settlement fund, in addition to the funds that you will receive through this Final Settlement. The Partial Settlement funds will be automatically distributed, and you do not have to do anything to receive this distribution. Additionally, you should have already received a partial reimbursement check from the Cumberland Casualty and Surety Company receivership fund.
This final Settlement requires the Defendant, FFP Advisory, to pay total monetary compensation in the amount of $200,000. No attorneys’ fees are being paid out of this Settlement. A portion of the Settlement funds, not exceeding $30,000, may be used for administration of this Settlement, but only upon approval by the Court. The remaining funds, totaling at least $170,000, will be equitably distributed among the Class Members who do not properly and timely opt-out of the Settlement.
YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR CHOOSE NOT TO ACT. READ THIS NOTICE CAREFULLY.
YOUR LEGAL RIGHTS & OPTIONS IN THIS CLASS ACTION SETTLEMENT |
DO NOTHING |
|
OPT OUT |
|
OBJECT |
|
GO TO HEARING |
|
These rights and options - and the deadlines to exercise them - are explained in the Class Notice.
The federal court in charge of this case has not yet decided whether to finally approve this Settlement. Settlement benefits will be provided after the Settlement is finally approved and after any appeals are resolved. Please be patient during this approval process.
For more information, please contact the Claims Administrator at:
CLAIMS ADMINISTRATOR
P.O. Box 3572
Memphis, TN 38173
Or call the settlement phone number, toll-free, (866) 903-4035.