Surf or Sound Realty Class Action – Frequently Asked Questions
*Disclaimer: The answers below are meant to be for informational purposes only and do not constitute legal advice. You must carefully weigh the pros and cons of litigation and determine the best course of action for yourself.
- Do I need to sign a retainer with the law firm to be considered part of the class?
If you had reservations through Surf or Sound Realty during the Dare County closure due to COVID-19 and you have not accepted a refund, signed a re-booking agreement, or accepted another form of settlement, then we expect that you will be considered part of any class that the court certifies.
- How will the lawyers get paid?
Attorney fees are typically a percentage of the total recovery. For a certified class, the court has to approve any attorney fees based on multiple factors. We expect to ask for a fee not to exceed 1/3 of the total recovery.
- Can I file my own claim in small claims court?
Yes, if you choose. If you recover funds from Surf or Sound in that way, you would not be part of the class or eligible for additional recovery via the lawsuit.
- If I got a refund am I allowed to be a part of the class?
If you have already received a refund or some other form of settlement, you cannot be part of the class.
- If I accepted a re-booking offer, am I allowed to be a part of the class?
Probably, but only if you have not signed a re-booking agreement or a new vacation lease.
- Should I accept Surf or Sound’s offer to return at a different time and/or a different place?
We cannot advise you on your individual situation. If you trust Surf or Sound and want to accept such an offer and sign a new lease agreement, you will not be part of the class.
- Has a lawsuit been filed yet?
The case number is 20-CVS-244 (Dare).
- Will we get enough of a settlement to get a full refund and cover the attorney fees?
There is no way to guarantee the amount of recovery. Our aim is to make Class members whole, but the ultimate result depends on a number of unpredictable factors. We hope to prove that the illegal retention of your deposits is an unfair trade practice within the meaning of N.C. Gen. Stat. § 75-1.1, which in certain circumstances requires the court to award class members triple the damages they suffered and also order one or more of the defendants to cover attorney fees.
- Who are the attorneys handling this case?
Gary Jackson and Christopher Bagley from the Law Offices of James Scott Farrin.