Vicki Busby, on behalf of herself and other people similarly situated, sued JRHBW Realty, Inc., d/b/a RealtySouth (hereinafter referred to as "RealtySouth") alleging that RealtySouth violated the Real Estate Settlement Procedures Act ("RESPA") by charging individuals a $149 "ABC Fee" (sometimes called an "administrative brokerage commission") for which no service was performed. RealtySouth denies the allegations of the lawsuit.

The Court certified the case as a class action. Notice was sent to all potential class members in December 2008. You can find that notice and more information about the case and the claims process at www.hwnn.com/realtysouthclassaction.

The Court has entered partial summary judgment finding RealtySouth liable as a matter of law for charging a $149 "ABC Fee" (sometimes referred to as an "administrative brokerage commission") that was unearned under RESPA.

RealtySouth maintains the right to contest an individual’s claim for damages by contesting whether or not the person is a member of the class, including whether their transaction is covered by RESPA, and whether they in fact paid the fee or whether it was paid for them. Thus, to receive payment, class members must submit the enclosed claim form and supporting documentation to the claims administrator in order to be eligible for payment.

The claim form and accompanying paperwork must be submitted to the claims administrator. The claims administrator is Dahl, Inc. Claim Forms and supporting documentation must be postmarked, e-mailed, or faxed by December 15, 2010. Claims should be mailed to:

RealtySouth Claims Administrator
C/O Dahl, Inc.
P.O. Box 2061
Faribault, MN 55021-2061.
Claim forms and supporting documents may also be faxed to 1-507-384-0024 or e-mailed to realtysouthclaims@dahl-inc.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

For those individuals who prove their membership in the class, the damages for an individual claim are the $149 paid to RealtySouth. Those damages are automatically trebled by statute to $447.

If you have questions, you may call the claims administrator at 1-877-541-3050. You may call class counsel at 800-568-5330 or you may visit the website www.hwnn.com/realtysouthclassaction.