SARG Representation Agreement

SARG Representation Agreement

This Agreement is solely in regards to the Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 currently pending in the United States District Court for the Eastern District of New York (“Action”).

The information you provide on these first two pages of the form will be added to the agreement, which you will sign in the forthcoming steps.
Did you have a business at any time between 2004-2019 that accepted Visa or Mastercard? *
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Yes
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What is/was the legal name of the business? *
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Select your company type:
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What is your relationship with the business? (Title) *
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Business Tax Identification Number (TIN or EIN) *
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Estimated annual credit card sales
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Referral code
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If you have a Referral code, please add it here.
p
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Closer
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Lead Source
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Lead Status *
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Percentage Fee
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Your Name
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Required First Name Required Last Name
Email *
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Phone *
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Address to Send Payment if Eligible
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Please review and sign the contract below.
AGREEMENT FOR REPRESENTATION & AUTHORITY TO REPRESENT

This Agreement for Representation and Authority to Represent (collectively “Agreement”) is entered into by and between the client identified in the signature block below (“Client”) and Serendipity Asset Recovery Group, LLC. (hereinafter “SARG”).

1.              Scope of Representation. Client may be a class member entitled to a payment in a settled class action lawsuit styled: In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 currently pending in the United States District Court for the Eastern District of New York (“Action”). The Action concerns excessive fees charged to businesses for accepting Visa and Mastercard cards in violation of antitrust laws. To obtain a payment from the settlement, class members must submit valid claims (“Claims” or “Claim”) to the court-assigned settlement administrator, Epiq Class Action & Claims Solutions, Inc. (“Settlement Administrator”). The Claim forms are not yet available for completion and submission by class members. Once available, failure to submit a valid Claim will result in class members releasing their Claims without receiving payment in return. By this Agreement, Client engages SARG to serve as Client’s agent, and sole representative, to work with the Settlement Administrator to determine if Client is qualified, and if qualified, to submit Client’s Claim on Client’s behalf.

2.               SARG'S Fees and Payment to Client. In consideration for representing Client and providing the services outlined in this Agreement, including those in paragraphs 4 and 10, Client agrees to pay SARG a fee of 30% of Client’s gross dollar recovery from the settlement. If Client does not qualify for the settlement, or if there is otherwise no recovery, Client shall not be responsible for the payment of any fees or any costs to SARG.

3.              Investigation / Termination for Non-Eligibility. Following Client’s engagement of SARG, SARG will investigate and confirm whether Client is a class member eligible for Claim submission and payment from the settlement. If SARG determines Client is not eligible, or if SARG otherwise chooses not to submit a Claim for Client, SARG may, at any time, terminate this agreement and withdraw from representing Client. In the event SARG terminates the Agreement, SARG will provide email notice to Client advising of its withdrawal. If SARG terminates this agreement, Client will not be responsible for the payment of any fees or any costs expended by SARG.

4.              Scope of Engagement / Claim Submission / Authority to Represent. Client has retained SARG to work with the Settlement Administrator (Class Counsel and the Court to the extent necessary or required) to determine if Client qualifies for the settlement, and if qualified, to handle the entirety of the Claim submission process on Client’s behalf. Client acknowledges there is significant value to Client to have SARG represent Client in this capacity. Client acknowledges that there is no legal requirement that class members retain a lawyer to file claims on their behalf, and Client has selected and engaged SARG to handle Client’s Claim and to represent Client’s interest in this Action. Client understands the Settlement Administrator and Class Counsel are available at no cost to Client to assist during the claims-filing period. Notwithstanding, Client prefers to have SARG represent Client. Client grants SARG full, complete, and exclusive authority to communicate with the Settlement Administrator, Class Counsel, and the Court on Client’s behalf, and to make all decisions related to the Action and the settlement on Client’s behalf. Client authorizes SARG to instruct the Settlement Administrator, Class Counsel, and the Court to communicate exclusively and directly with SARG on Client’s behalf. Client authorizes SARG to instruct the Settlement Administrator to send Client’s Claim form to SARG on Client’s behalf (in lieu of the Claim form being sent to Client) to eliminate the possibility Client fails to receive or review the Claim form, and to ensure Client timely submits a completed Claim. Client authorizes SARG to prepare, complete, and submit Client’s Claim to the Settlement Administrator and to communicate as necessary with the Settlement Administrator, Class Counsel, or the Court about Client, Client’s Claim, and the Claim process. SARG may respond to any follow-up requests from the Settlement Administrator or others for additional information or documentation necessary to substantiate Client’s Claim or to support the amount of the proposed Claim payment amount. At SARG’s sole discretion, without consultation with Client, SARG may accept, contest and/or negotiate the Claim payment amount on Client’s behalf. SARG shall instruct Settlement Administrator as to where and the means (check/wire) to send Client’s Claim payment proceeds. SARG has the authority to sign Client’s signature on any document needed to present or support the Claim to the Settlement Administrator, or on any check issued to Client for Client’s Claim payment proceeds for purposes of distributing Client’s share and SARG's fees to each accordingly.

5.           Client’s Payment. Client acknowledges Client’s payment will be a pro rata share of the remaining money in the settlement fund after payment of Class Counsel’s attorneys’ fees and costs, Settlement Administration costs, service awards to the Action’s class representatives, and payments allocated to those class members who opted-out of the settlement. It is not possible to know the amount of Client’s payment until all valid claims for all class members are submitted. It is the intention of the parties to have the Settlement Administrator pay Client directly for its share of the settlement proceeds (after deduction for attorneys’ fees) and to pay SARG directly for its fees. Client agrees this agreement shall serve as an instruction to the Settlement Administrator to make payments in that fashion. However, in the event the Settlement Administrator pays SARG for the full amount of Client’s settlement and the payment is in the form of a check in Client’s name, Client gives SARG power of attorney to endorse Client’s name on the check and authorizes SARG to deposit the check in a Trust or Escrow Account, for SARG to retain its fees, and to issue Client’s payment to Client. In the event a check or electronic payment for the full amount of the settlement is sent directly to Client from the Settlement Administrator, Client agrees to within 3 days deliver to SARG its full agreed upon fee by check or wire transfer.

6.              Obligation for Payment of SARG's Fees if Client Terminates. Client shall have three days from the date this Agreement is signed to terminate the Agreement. Client will owe SARG nothing if termination is timely made. Cancellation must be made by email to claims@sargrp.com Following three days, Client shall be bound by the terms of the Agreement, including its commitment regarding payment of SARG's fees.

7.              Limited Representation & Tax Advice Excluded. SARG is only representing Client for eligibility confirmation and Claim submission and for no other purpose. SARG’s representation does not include any tax- related advice, including, advice relating to the effect of submitting the Claim in the Action or the taxable consequences of receiving payment from the settlement.

8.              Association of Additional Counsel. SARG shall have the option to associate with lawyers or law firms. Client will not have to pay any additional fees.

9.              Duties of Client. Client agrees to cooperate fully with SARG during the course of representation to advise SARG fully of all pertinent matters, and to provide truthful and accurate information to the best of Client’s knowledge. Client agrees to keep SARG informed of Client’s current mailing address, email address, and telephone number, and in the event any of them change, to email SARG with the new contact information. SARG and Client both agree to be available, upon reasonable request of the other, for telephone calls or email conversations to discuss the settlement, Claim process, or the representation.

10.           Client’s Representations and Acknowledgments. Client acknowledges it has not submitted a Claim on its own behalf nor has Client retained any other representative or a lawyer, law firm, or third party to submit a Claim on its behalf. Client acknowledges it will not submit its own Claim in the future unless this Agreement is terminated pursuant to its terms. Client acknowledges it will not sign an agreement with any other representatives, lawyer, law firm, or third party in the future unless this Agreement is terminated pursuant to its terms. In the event SARG learns Client has submitted its own Claim, or there is a duplicative representation of Client by another representative, lawyer, law firm or third party, Client agrees this Agreement with SARG shall supersedes Client’s own submission or any other agreement entered into with any other representative, lawyer, law firm, or third party, regardless of when the submission was made or agreement entered. Client authorizes SARG to use this Agreement as evidence that it intends on SARG and only SARG to handle its Claim. Client represents that its interest in the Action, including its right to the proceeds of the Claim, have not been sold, assigned, or conveyed to any other person or entity, and that the individual signing this Agreement for Client has the authority to execute and bind Client to the obligations hereunder. Likewise, in the event the Client is a dissolved entity, the individual signing this agreement for Client acknowledges the signor is the rightful and lawful successor in interest to the entity entitled to receive the payment under the settlement and that no other party has claimed or is claiming entitlement to some or all of the payment. Client also represents that is not a debtor in any current bankruptcy nor is it a party to any franchise agreement. Client acknowledges SARG is providing value in this matter by using their experience and knowledge to ensure Client’s Claim is properly submitted at an early stage and to ensure that Client’s Claim is filed correctly and timely. Client has access to ask SARG any questions about its representation of Client and to supplement the Claim with additional documentation and information in the event Client or SARG dispute the amount of the settlement offer, and to otherwise have the questions answered to the best of SARG's ability. Further, Client is aware that by working with SARG it is certain to have its Claim submitted when typically, in claims- made settlements in class actions, on average only 2-7% of class members submit claims. This is an important factor in retaining SARG – even if Client could submit the Claim without having to pay a fee to anyone - as it is possible Client would have ignored the Claim form when it is eventually sent by the Settlement Administrator.

11.           Sworn Statement. To support the Claim, Client may be required to sign a sworn statement under penalty of perjury. Client authorizes SARG to make that sworn statement and sign on its behalf. By signing this Agreement, the individual signing for Client is signing under the penalties of perjury that the information submitted to SARG in connection with its eligibility for Claim submission is true and accurate, including that the signor has the full authority to sign for Client, the company took Visa and Mastercard as a form of payment between 2004 and 2019, that Client did not file for bankruptcy at any time, and that Client has not assigned its right to the proceeds from the settlement.

12.           Confidentiality. The Parties agree to keep the terms of this Agreement confidential between each other, with the exception that the Parties may share the Agreement with the Settlement Administrator, Class Counsel, or the Court.

13.           Total Agreement. This Agreement represents the total agreement between Client and SARG regarding SARG's fees and expenses and other terms involving representation of Client by SARG. Any modifications, additions, or other changes to this Agreement shall be made only in writing and signed by Client and SARG.

14.           Governing Law. This Agreement shall be governed by the laws of the State of New York, without regard to its conflict of laws and principles. If any term of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in effect.

15. Dispute Resolution; Jury Trial Waiver. If Client and SARG are unable to amicably resolve in good faith any dispute between them arising out of, or in connection with, this Agreement, the dispute must be submitted to arbitration before AAA (American Arbitration Association) for resolution. The arbitration shall be administered by a single AAA arbitrator pursuant to their Comprehensive Arbitration Rules & Procedures, under which Client and SARG shall share equally in the costs of the arbitration. Judgment on any arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Client and SARG agree that New York law applies in the determination and adjudication of the parties’ rights, responsibilities, and obligations in any such dispute. Client may consult an attorney to evaluate this arbitration requirement. By entering into an agreement that requires arbitration as the way to resolve certain disputes, Client waives the right to go to court to resolve those disputes by a judge or jury.

THE PARTIES HERETO AGREE TO BE BOUND BY THE AGREEMENT AS OF THE DATE BELOW.

SERENDIPITY ASSET RECOVERY GROUP

CLIENT

Printed Name: ___ ___

Title: ___
Signature *
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E-Signature Field
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Date *
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AUTHORITY TO REPRESENT
On behalf of ___ (Legal Name of Company) (“Client”), I, ___ ___, (Authorized Signor for Client), hereby authorize Serendipity Asset Recovery Group, LLC. (hereinafter “SARG”) and its members and/or employees and agents (collectively “SARG”), to act as my exclusive representatives, and agents in connection with all my rights as a class member entitled to a settlement payment in the action styled: In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720, currently pending in the United States District Court for the Eastern District of New York (“Action”).

SARG has Client’s full authority to work with Epiq Class Action & Claims Solutions, Inc. (“Settlement Administrator”) for purposes of determining Client’s eligibility for participation as a class member in the Action. If the event Client is eligible, Client hereby instructs the Settlement Administrator to send Client’s claim form directly to SARG (without a copy to Client), as SARG will submit the required claim and/or supporting or supplemental information on Client’s behalf. If Client’s signature is required for the claim, SARG has Client’s authority to sign on Client’s behalf. SARG is authorized to file Client’s claim and to communicate with the Settlement Administrator, Class Counsel, and the Court on Client’s behalf, for the entirety of the claims process. The Settlement Administrator shall share any information about Client’s claim with SARG or SARG’s representative as SARG requests. SARG shall have Client’s full authority to accept, reject, or negotiate the amount of Client’s payment on Client’s behalf. SARG shall direct the Settlement Administrator as to where and how to send Client’s share of the proceeds. SARG shall be paid 30% of the gross amount due Client for Client’s claim. Unless SARG instructs Settlement Administrator otherwise, SARG’s 30% share of the payment shall be sent directly by the Settlement Administrator to SARG and Client’s 70% share of the payment shall be sent directly by the Settlement Administrator to Client.

Client acknowledges that SARG represents other clients in connection with the submission of claims in this Action and SARG is authorized to submit my claim along with others at the same time. If the Settlement Administrator receives a Claim from Client or any other representative, lawyer, law firm, or third-party purporting to have authority to represent Client, this Authority to Represent shall supersede all and the Settlement Administrator is instructed to ignore the others and work only with SARG. This last instruction is to avoid inadvertent duplication or confusion.

CLIENT’S CONSENT AND CLIENT INFORMATION

Legal Name of Company: ___
Client’s Tax ID No. (EIN): ___
Title of Signor: ___
Email Address: ___
Address: ___ ___, ___ ___
Telephone Number: ___
Signature *
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E-Signature Field
Clear
Date *
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Month Year
MM/dd/yyyy
Time
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HH

25
MM

PM
AM / PM
Serendipity Asset Recovery Group, LLC (“SARG”)

Thank you for entrusting us to work on your behalf to get every dollar you deserve from this settlement.

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SARG Representation Agreement

The information you provide on these first two pages of the form will be added to the agreement, which you will sign in the forthcoming steps.

Please review and sign the contract below.

AGREEMENT FOR REPRESENTATION & AUTHORITY TO REPRESENT

AUTHORITY TO REPRESENT

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