Frequently Asked Questions

1. Why did I get the Notice?
2. What is the lawsuit about?
3. How do I know if I am a Class Member?
4. What does settlement provide?
5. How do I file a claim?
6. How do I get a Claim Form?
7. When is the Claim Form deadline?
8. How do I exclude myself from the class action and settlement?
9. How do I object to the class action and settlement?
10. When is the Final Approval Hearing and where will it be held?

1.    Why did I get the Notice? (top)

You have a right to know a Class Action Lawsuit has been certified and settled in the case of Swoboda v. Viterra. If you were billed for water and sewer use by Viterra Energy Services and Aquameter, Inc. between 1995 and 2002, you may be a member of this Class Action and be entitled to participate in the settlement.

2.    What is the lawsuit about? (top)

The basic allegations in this case are that between 1995 and 2002, Viterra and Aquameter, Acting in concert with Oregon landlords, including CTL Management and Guardian Management, charged administrative fees and late fees in violation of the Residential Landlord Tenant Act and the Unlawful Debt Collection Practice Act and Aquameter and CTL Management engaged in fraud by concealing the administrative charges. The Defendants deny liability in this matter, and the Court has not yet ruled of the merits of these claims.

3.    Who do I know if I am a Class Member? (top)

If you were billed for water or sewer use by Viterra Energy Services or Aquameter, Inc. Between 1995 and 2002, then you may be a member of this class action and be entitled to participate in the settlement.

4.    What does the settlement provide? (top)

The Defendants will pay $300,000 for Class Members claims and Claims Administration. The amount paid to each valid claim submitted by a Class Member will be based upon an estimate of the average amount of administrative fees charged to tenants over the average term of tenancy, plus one average late fee, plus interest, compounded annually, and is calculated to provide the maximum compensation to each claimant based upon the expected participation rate. It is anticipated that eligible class members will receive $31.64. If however, the total number of valid claims submitted exceeds the balance of the Settlement fund, eligible class members will receive a reduced amount to ensure that all participants receive equal compensation.

5.    How do I file a Claim? (top)

You should complete and return the claim form that is included with the mailed Notice or available on this website.

6.    How do I obtain a Claim Form? (top)

You may download a Claim Form from this website, or one can be mailed to you by calling 1-877-625-9420.

7.    When is the Claim Form deadline? (top)

To be considered timely, your Claim Form must be mailed to the Claims Administrator postmarked no later than February 19, 2008. Please mail your completed Claim Form to:

Settlement Administrator
PO Box 1612
Minneapolis, MN 55440-1612

8.    How do I exclude myself from the class action and settlement? (top)

If you want to pursue an individual claim against one or more of the Defendants, you must exclude yourself from the class action and settlement. An Exclusion Request Form is included with the mailed Notice. If you did not receive the mailed Notice you may call 1-877-625-9420 and request that one be mailed to you. Your request must be mailed to the Claims Administrator postmarked no later than February 19, 2008. If you exclude yourself, you will not receive any of the Settlement benefits. Please mail your Exclusion Request to:

Settlement Administrator
PO Box 1612
Minneapolis, MN 55440-1612

9.    How do I object to the class action and settlement? (top)

If you want to object, you must file a written objection with the Court no later than February 19, 2008 and mail copies to the attorneys at the addresses below:

        Class Counsel: Michael J. Ross, 1 SW Columbia St., Ste. 1850, Portland, OR, 97258

        Counsel for Viterra & Aquameter: Per A. Ramfjord, 900 SW 5th Ave., Ste. 2600, Portland, OR 97204

        Counsel for CTL: Martha Hodgkinson, 1000 SW Broadway, Ste 1000, Portland, OR 97205

        Court: Circuit Court Clerk, 1021 SW 4th Avenue, Portland, OR, 97204.

10.    When is the Final Approval Hearing and where will it be held? (top)

A Final Approval Hearing will be held on Friday, April 4, 2008, at 10 a.m. in Room 708 of the Multnomah County Courthouse. You must file a timely objection to participate in the Final Approval Hearing.