Lake Pointe Assisted Living $1M Class Action Settlement

Residents of Lake Pointe Assisted Living between Dec. 1, 2014, and Oct. 18, 2018, may qualify to claim a cash award from a class action settlement.

Lake Pointe Assisted Living Inc. and Tony Bigler agreed to pay $1,000,000 to settle a class action lawsuit alleging the facility violated North Carolina’s Unfair and Deceptive Trade Practices Act. The plaintiffs specifically claimed Lake Pointe failed to provide adequate staffing and nutrition services in accordance with state laws and regulations.

Who are the class members?

The class includes several categories of individuals, including:

• All residents of Lake Pointe Assisted Living from Dec. 1, 2014, to Oct. 18, 2018
• Legal guardians or powers of attorney for incompetent residents
• Heirs of class members
• The identified responsible party for a class member
• The legally appointed administrator, executor or personal representative of a deceased class member’s estate

Those who received a settlement notice are likely included in the class.

How much can class members get?

Pro rata payment: The total settlement fund is $1,000,000. Each class member will receive a pro rata share of the net settlement, which is calculated by subtracting attorneys’ fees, litigation costs and settlement administration expenses from the total fund. The remaining amount will be distributed based on the number of valid claims and the total number of days each class member resided at Lake Pointe during the class period.

No claim form required

Eligible class members do not need to take any action to receive their settlement payment. Payments will be mailed to the same address the settlement notice was sent to.

Those wishing to update their address, select a digital payment method or provide their Social Security number or employer identification number may do so by submitting an online form or downloading, printing, completing and mailing a PDF form to the settlement administrator. Class members must provide the notice ID and confirmation code from their settlement notice to access the online form.

Settlement administrator's mailing address: Lake Pointe Settlement, c/o Settlement Administrator, 1650 Arch St. Suite 2210, Philadelphia, PA 19103

Is proof or documentation required to receive a payment?

Documentation is required for those submitting a claim on behalf of a deceased or incompetent class member. Legal guardians, powers of attorney or personal representatives must provide documentation showing their authority. Heirs must provide an affidavit in accordance with North Carolina law.

Payout options

• Class members who would like to receive a paper check do not need to do anything.
• Class members who prefer digital payment options, including PayPal, Venmo, Zelle, virtual prepaid Mastercard or ACH transfer, must submit an online payment request form or download, print, complete and mail a PDF payment request form to the settlement administrator.

$1 million assisted living settlement fund breakdown

The $1,000,000 settlement fund includes:

• Settlement administration costs: Up to $30,000
• Attorneys’ fees: $400,000
• Attorneys’ expenses: To be determined
• Payments to eligible class members: Remainder after above deductions

Any unclaimed funds will be distributed to Legal Aid of North Carolina (subject to court approval).

Important dates

• Payment election form deadline: Oct. 20, 2025
• Opt-out deadline: Oct. 20, 2025
• Final fairness hearing: Dec. 15, 2025

When is the Lake Pointe Assisted Living settlement payout date?

Settlement payments will be distributed after the court grants final approval and any appeals are resolved.

Why was there a class action settlement?

The class action lawsuit alleged Lake Pointe Assisted Living Inc. and Tony Bigler failed to provide adequate staffing and nutrition services in violation of North Carolina’s adult care home laws and the Unfair and Deceptive Trade Practices Act.

The defendants denied all allegations but agreed to settle to avoid the expense and uncertainty of further litigation. The settlement does not constitute an admission of wrongdoing by the defendants.

Sources

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