FREQUENTLY ASKED QUESTIONS

  1.  WHY DID I RECEIVE A NOTICE?

If you received a notice for this lawsuit, it is because our records indicate you entered into a home improvement contract with Hoosier Contractors, LLC ("Hoosier") between February 12, 2014 and September 30, 2016.  The Court authorized the Notice {link} because you have legal rights and options that you may exercise before the case is decided.

  2.  WHAT IS THIS CASE ABOUT?

This lawsuit is about whether Hoosier’s form home improvement contract that executed with its customers failed to conform with HICA, and if so whether such conduct subjects Hoosier to liability under the Indiana Deceptive Consumer Sales Act.

  3.  WHY IS THERE A CLASS ACTION?

Mr. Gardner — and all Class Members like him — are called the Plaintiffs. Hoosier is called the Defendant. In a class action lawsuit, one or more people called “Class Representatives” (in this case Sean Gardner) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.

  4.  WHO ARE THE PARTIES IN THE LAWSUIT?

Mr. Gardner — and all Class Members like him — are called the Plaintiffs. Hoosier is called the Defendant.

  5.  HOW DO I KNOW IF I WILL BE PART OF THE CLASS?

You are part of this class if you meet the following class definition specified in the Order Granting Defendant/Counterclaim Plaintiff’s Motion for Class Certification:

"All persons who entered into a Home Improvement Contract with Hoosier Contractors, LLC from February 12, 2014 until such time that Hoosier stopped utilizing said Contract(s) and began utilizing a Home Improvement Contract that was in compliance with the Indiana Home Improvement Contractors Act."

Based upon the records that Hoosier provided, those people receiving this Notice are believed to fit the definition set forth above, but you may be part of the class even if you did not receive a Notice.

 

  6.  ARE THERE EXCEPTIONS TO BEING INCLUDED AS A CLASS MEMBER?

No.  There are no exceptions to being a class member if you meet the above criteria. Even if you did not have work done by Hoosier, you may still be part of the class.

  7.  WHAT HAPPENS IF THERE IS A SETTLEMENT?

If there is a settlement, the Court must approve the settlement.  If the Court approves the settlement, a trust will be opened which will be used to disburse any benefits which comprise the settlement or jury award.

  8.  DO I HAVE A LAWYER IN THE CASE?

Yes.  The law office of McNeely Law LLP represents the Plaintiff Class as "Class Counsel."  The law firm and its attorneys are experienced in these kinds of cases.  You will not be personally charged for these attorneys.  If you wish to be represented by your own attorney, you may hire one at your own expense.

  9.  HOW WILL THE CLASS COUNSEL BE PAID?

If you remain in the Class, you will not pay attorney fees and expenses unless the Court or jury awards damages to Plaintiffs. This would include if the Court approves any settlement between the parties. If that occurs, your award and the award for all Plaintiffs will be reduced to pay for Class Counsels’ fees and expenses. If the Court finds in favor of the State of Indiana, you will not pay any fees or expenses. Regardless, this will not cost you anything unless Plaintiffs recover, and you will not have any out of pocket expenses.

10.  HOW DO I FILE A CLAIM?

You may file a claim on the HOME page of this website.

11.  HOW WILL I RECEIVE THE PAYMENT FROM THE CASE?

Unless you choose to exclude yourself from the case, you may file a claim after a jury award is given or a settlement has been reached.

12.  WHY WOULD SOMEONE NOT WANT TO BE PART OF THE CASE?

There are several reasons why you may ask to be excluded.  You may be opposed to the nature of this lawsuit and not want to be involved in any way. Or you may wish to start your own lawsuit against Hoosier.  If you exclude yourself, you will not be part of this case and will not be legally bound by the Court’s judgments in this class action.  Be sure you are aware of any statutes of limitation on your claim prior to excluding yourself from this class action.

13.  DO I HAVE TO COME TO THE HEARINGS OR TRIAL?

There is no obligation for you to attend the trial.  Only the named representatives (in this case Sean Gardner) and the attorneys need to attend the trial.  You may attend if you wish at in the Hamilton County Superior Court No. 2, Hamilton County Courthouse, 1 N 8th St #292, Noblesville, IN 46060.

14.  HOW DO I GET MORE INFORMATION?

If you wish to get more specific or additional information regarding the class action and your rights and obligations, you may email, write, or speak to one of the lawyers representing the class:

Paul L. Jefferson
McNeely Law LLP
143 W. Market Street, Suite 600-A
Indianapolis, IN 46204
(317)825-5202
PJefferson@McNeelyLaw.com