AMY KUNCE et al. v. SPM OF ALABAMA, LLC

Case No. 2025-CA-001302-O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

Frequently Asked Questions

  1. Am I being sued?

    1. No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

  2. What is this case about?

    1. Plaintiff filed a putative class action lawsuit in Orange County Circuit Court asserting that her landlord and property manager (Defendant) failed to comply with the Florida Residential Landlord Tenant Act, Florida Consumer Collection Practices Act, Florida Deceptive in connection with returning security deposits. Defendant has denied all liability and presented defenses to the claim prior to entering in to this Class Settlement.

      Plaintiff and Defendant have agreed to settle these claims in a Class Action Settlement in exchange for the monetary and non-monetary benefits set forth in the Settlement. All Settlement Class members will release Defendant from all liability arising from the claims in the lawsuit involving their Security Deposits.

  3. Who is a member of the class?

    1. All persons in Florida, from February 2021 through December 2025, who paid a security deposit at a property owned or managed by Defendant, had any portion of their deposit retained, and did not receive a certified mail notice within 30 days of moving out of Defendant’s intent to impose a claim on their deposit.
      The following are excluded from the Settlement Class: (1) the judge presiding over this case; (2) the judges of the Florida Appellate Courts; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action, (6) any counsel of record, and (7) any class member who had already released the claims at issue in this Agreement with Defendant.

  4. What are the benefits of the settlement?

    1. Defendant will pay each Class Member, who does not opt-out of the settlement and Class Action, and who files a valid claim form, 80% of the amount that was withheld from their security deposit. For example, if $1,000 was withheld from your deposit, you would receive $800. The total value of the Monetary Benefits for all class members is $139,153.60.

  5. Do I have to go to Court?

    1. The Court will hold a Final Fairness Hearing on July 20, 2026 at 9:00 am before the Honorable Patricia Strowbridge, to determine whether the proposed settlement is fair, reasonable and adequate.  YOU ARE NOT REQUIRED TO ATTEND BUT YOU MAY DO SO IF YOU WISH.

  6. Do I need to do anything to receive benefits from the settlement?

    1. In order to receive the Monetary Benefits and Debt Relief benefits of this Settlement, Class members need to fill out an Online Claim form on the settlement website www.SPMsettlement.com no later than July 10, 2026. If and when the Settlement is approved, a Settlement Payment of 80% of your security deposit you paid Defendant will distributed to you in the payment manner you select on the Online Claim Form. Additionally, your outstanding balance owed will be brought to $0, including any accounts with a debt collector.

      All Settlement Class members who do not exercise their right to exclude themselves from the Settlement Class in the manner set forth below will release Defendant from any and all claims arising out of the causes of action advanced in the class action complaint.
       

  7. How do I update my address?

    1. Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

      To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

      A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Kunce v SPM, c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241.

  8. How do I submit a name change (Marriage/Divorce/Court Order Name Change)?

    1. A copy of your marriage license, divorce decree or court order is required for a name change.

      You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

      Alternatively, you can submit the required documents by mail to: Kunce v SPM, c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241.

  9. What do I do if the Class Member is deceased?

    1. Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

      You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

      Alternatively, you can submit the required documents by mail to: Kunce v SPM c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241.

  10. How do I opt-out of the settlement?

    1. If you wish to be excluded from the Settlement Class, and receive no settlement benefits, you must send a written Request for Exclusion to Kunce v SPM c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241 no later than July 10, 2026, stating your name, address, and the following statement: “Requests exclusion from the Settlement Class in Amy Kunce v. SPM of Alabama, LLC. Requests for Exclusion must be signed and postmarked by June 8, 2026. Requesting exclusion from the class removes your ability to receive the benefits of the settlement set forth above, but doing so preserves any claims you may have against Defendant.

  11. How do I object to the settlement?

    1. As a Settlement Class Member, you may appear at the Final Fairness Hearing to be heard in opposition to the fairness of the settlement, provided that you send a written Notice of Objection to the Settlement to Kunce v SPM c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241  Class Counsel, Matthew T. Peterson of Consumer Law Advocate, PLLC, 1000 Brickell Ave, Suite 715, Miami, FL 33131, and, Defense Counsel, Dante Rohr, Marshall Dennehey P.C., 315 E. Robinson Street, Suite 550, Orlando, FL 32801. Your written objection must include: (a) a notice of intent to appear; (b) a detailed statement of each objection asserted; (c) the grounds for each objection; (d) any documents and writings which you want the Court to consider; and (e) a list of witnesses you intend to call, if any.  OBJECTIONS MUST BE RECEIVED NO LATER THAN JULY 6, 2026.

  12. How do I get more information about the settlement?

    1. You can contact the Settlement Administrator via email at [email protected] or via mail at Kunce v SPM c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241.