Progress Residential Eviction Fees Class Action Settlement

Individuals who lived in a Florida property Progress Residential managed and whom the company charged eviction attorneys’ fees between Aug. 27, 2020, and Aug. 26, 2024, may qualify to receive up to 75% of those fees back from a class action settlement. The settlement class includes 3,003 renters.

Progress Residential agreed to settle a class action lawsuit alleging it improperly assessed and collected eviction attorneys’ fees from tenants before the court awarded such fees.

Who are the class members?

Class members must meet the following criteria:

• They were a tenant at a Florida property Progress Residential or its affiliated companies managed.
• Progress Residential assessed them eviction attorneys’ fees at any time between Aug. 27, 2020, and Aug. 26, 2024.
• Progress Residential billed them for the fees before a court awarded them in an eviction proceeding.

Class members will belong to one of the following subclasses:

• Paid class: Class members are individuals who paid eviction attorneys’ fees during the qualifying period and, at the end of their tenancy, owed less to Progress Residential than the total amount they paid in eviction attorneys’ fees or are current tenants who owe less than what they paid.
• Balance class: Class members are individuals who paid eviction attorneys’ fees during the class period and, at the end of their tenancy, owed more to Progress Residential than the total amount they paid in eviction attorneys’ fees.
• Attempted collection class: Class members are individuals for whom Progress Residential assessed eviction attorneys’ fees during the class period but who did not pay those fees or for whom the company deducted those fees from their security deposit.

How much are settlement payments?

• Paid class: Eligible class members will receive a payment equal to 75% of the total eviction attorneys’ fees they paid during the class period.
• Balance class: Eligible class members will receive a payment equal to 30% of the total eviction attorneys’ fees they paid during the class period.
• Attempted collection class: Eligible class members will receive a release of claims for the assessed fees. This class does not qualify for a monetary payment.

No claim form required

Class members do not need to file a claim to receive a settlement payment. Class members can submit an address update online using the notice ID and PIN from the notice they received or mail or email a request to the settlement administrator. These requests must include the class member's full name, notice ID (if available) and previous and current addresses.

Settlement administrator’s mailing address: Johnsten v Progress Residential, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241

Settlement administrator email address: info@JohnstenFeesSettlement.com

Payout options

• Paper check mailed to the address on file

Settlement fund

The settlement fund will include:

• Settlement administration costs: To be determined
• Attorneys’ fees and costs: $300,000
• Service awards to class representatives: $2,500 each ($10,000 total)
• Payments to eligible class members: Total determined by number of eligible class members and fees paid

Important dates

• Exclusion deadline: Nov. 20, 2026
• Final fairness hearing: Jan. 11, 2027

When is the Progress Residential eviction fees settlement payout date?

The settlement administrator will mail payments to eligible class members approximately 61 days after the court grants final approval of the settlement.

Why is there a class action settlement?

The class action lawsuit alleged Progress Residential and its affiliates assessed and collected eviction attorneys’ fees from tenants before a court awarded such fees. The plaintiffs claimed this practice violated the Florida Consumer Collection Practices Act, the Florida Deceptive and Unfair Trade Practices Act, and other legal theories, including negligent misrepresentation, unjust enrichment, declaratory judgment and breach of contract.

Progress Residential denies the allegations but agreed to settle to avoid the expense and risk of continued litigation.

Sources

1. Class notice
2. Settlement agreement
3. Settlement website FAQ page