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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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Has a lawsuit been filed yet?
    The case number is 20-CVS-244 (Dare).
  8. 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.
  9. Who are the attorneys handling this case?
    Gary Jackson and Christopher Bagley from the Law Offices of James Scott Farrin.


Contact Information

Asheville Law Office

300 Ridgefield Court Suite 309
Asheville, NC 28806
Phone: 828-552-8215
Toll Free: 1-866-900-7078

Charlotte Law Office

301 S McDowell St, Suite 900
Charlotte, NC 28204
Phone: 704-599-1078
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

2915 Raeford Road, Suite 204
Fayetteville, NC 28303
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Goldsboro Law Office

1308 Wayne Memorial Drive, Suite B
Goldsboro, NC 27534
Phone: 919-731-2581
Toll Free: 1-866-900-7078

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Greenville Law Office

702 Cromwell Dr. Suite G
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Morganton Law Office

216 N. Sterling Street, Suite B
Morganton, NC 28655
Phone: 828-219-3080
Toll Free: 1-844-520-2894

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

144 Woodridge Court
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078