NEW YORK, Feb. 14, 2018 /PRNewswire/ — On November 10th 2015, Wilkey Legal Consultants, LLC published an article titled: Class-Action Filed on Behalf of Asian-American and U.S. Business Owners Against National Finance Lender H-Capital Advance a/d/b/a Yalber. The article was self-promotional. Although the class action was later dismissed, one is hard-pressed to find that on the internet. The dismissal only appears occasionally and far below the original Wilkey posting.
Now, over two years later, Yalber on behalf of its affiliates, Got Capital, LLC, YLH, LLC, Kedma Capital, LLC, S-Capital, LLC, and Perfect Funding, Inc. wants to set the record straight.
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The author of the November 10, 2015, release, Robert Wilkey was originally one of the attorneys for the plaintiffs in the class-action. Mr. Wilkey was forced to withdraw from the case when it was determined he was not admitted to the federal court where the case was to be litigated. He was ably replaced by his co-counsel.
From the standpoint of the plaintiffs, the class action was a disaster. The plaintiffs had to file two amended complaints to stave off dismissal motions filed by Yalber. Ultimately, the federal court judge dismissed 10 counts of the complaint and two of the plaintiffs were dropped from the case. A class-action hearing resulted in another victory for Yalber: the federal judge refusing to certify their case as a class-action.
“MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION (DOC. 49) IS DENIED AS THE MERCHANT PLAINTIFF’S OFFER NO CLASS REPRESENTATIVE ADEQUATE TO REPRESENT THE MERCHANT CLASS AS EACH NAMED CLASS REPRESENTATIVE WAIVED ITS RIGHT TO PARTICIPATE IN A CLASS ACTION IN EXCHANGE FOR BUSINESS FINANCING.” –May 27th, 2015
Shortly after the plaintiffs lost their class-action, the federal court dismissed what remained of the case with prejudice. After the case was dismissed, each of the remaining plaintiffs stated in writing that they “Now having the benefit of discovery provided in the civil action, withdraw their assertion that the transactions referenced in the second amended complaint were loans or instances of predatory lending.”
You can’t change the way search engines work, but what you can do is make sure your story and narrative are not going to be lost in the endless amounts of search results.
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