EAN J. TOBIASON v. BMO BANK, N.A.

A court authorized the notice because you have a right to know about a Proposed Settlement of this class action lawsuit brought against BMO Bank, N.A. (“BMO”) and about your options before the Court decides whether to give “final approval” to the Proposed Settlement. The notice explains the lawsuit, the Proposed Settlement, your legal rights, what benefits will be provided, and who will receive them.

This case is currently pending in the Circuit Court for Milwaukee County, Wisconsin and is known as Ean J. Tobiason v. BMO Bank, N.A., Case No.: 2024CV003245.

The lawsuit is about whether repossession notices of BMO contained all of the information and disclosures required by Wisconsin law. Specifically, the lawsuit seeks damages for (i) violations of Wisc. Stat. §§ 409.611 409.614 , and 409.625 of the Uniform Commercial Code; and (ii) declaratory and injunctive relief.

BMO denies that its repossession notices are in violation of Wisconsin law and maintains that it did not act wrongfully or unlawfully. BMO contends that the claims of Ean J. Tobiason (hereinafter “Representative Plaintiff”) have no merit and that, if the lawsuit proceeded, BMO would prevail at trial. In addition, BMO contends that certain members of the Class owe BMO money for balances still allegedly due on their accounts.

The parties have agreed, and the Court has ordered that, for settlement purposes only, this lawsuit may be maintained as a class action under Wisc. Stat. § 803.08, subject to final approval at the conclusion of the settlement process. If the Proposed Settlement is not finally approved, or if any party withdraws from the Proposed Settlement, the lawsuit will return to the same status as before the Settlement Agreement was signed, and the Court will later determine if the case may proceed as a class action. BMO has challenged whether this case should proceed as a class action but has agreed not to oppose certification of a class for settlement purposes only.

The Proposed Settlement includes all persons who meet each and every one of the following criteria, namely persons who from April 22, 2021 to February 11, 2026 (a) have or had a vehicle installment consumer finance agreement contract (“Loan Agreement”) held by BMO under which personal property was held as collateral; and (b) had the personal property repossessed in Wisconsin by BMO or its agents; and (c) who have not obtained a discharge in bankruptcy applicable to any such Loan Agreement; and (d) to whom BMO sent a Notice of Sale which advised “to learn the exact amount you owe or to obtain information about from whom the collateral may be recovered, you can contact us toll free ...”

You received the Notice because it is believed that you meet the above criteria and that you are a member of the Class.
There are approximately 269 accounts contained in the Class.

The parties arrived at the Proposed Settlement as a result of arms-length negotiations, including a day-long mediation conducted before Michael J. Cohen, Esq. The parties reached the Proposed Settlement before the Court determined whether class certification was appropriate. The Proposed Settlement is a compromise of disputed claims and does not mean that any law was violated or that BMO did anything wrong.

The Proposed Settlement provides both equitable and monetary benefits (“Settlement Benefits”):

• BMO will waive all outstanding balances and/or deficiency balances allegedly owed in connection with the Loan Agreement of the Class Members whose vehicle was sold by BMO following repossession. The aggregate of the outstanding balances and/or deficiency balances is estimated to total $2,098,679.43 exclusive of interest. The waiver of such balances may have tax consequences to Class Members as discussed in FAQ 7.
• BMO will request the deletion of BMO’s reporting of the tradeline associated with each Class Members’ deficiency balance allegedly owed in connection with that Loan Agreement from each credit reporting agency.
• BMO shall make a payment of $850,000.00 towards the establishment of a fund (“Settlement Fund”) for the payment of Settlement Benefits. From the Settlement Fund, the Class Administrator shall pay to each Class Member a check (“Settlement Check”) in a pro rata amount as and for statutory damages pursuant to Wis. Stat. §409.625, less a proportionate share for settlement administration expense, incentive award, and attorneys’ fees and costs (see Question 14). The Settlement Check will be sent to the address of the Class Member who is the primary obligor on the Loan Agreement.

Any payment due to you under the Settlement Agreement will be adjusted on a pro-rata basis to pay for court-approved attorneys’ fees and expenses of litigation (see Question 14).

Any monies from the Settlement Fund that remain unclaimed or undistributed after 90 days from the date of distribution of Settlement Checks shall be distributed in equal portions to the Wisconsin Trust Account Foundation, Inc. and the Consumer Law Clinic of the University of Wisconsin to support direct delivery of legal services to persons of limited means in non-criminal matters, subject to Court approval.

More details are in a document called the Class Action Settlement Agreement, which is available for your inspection at the Office of the Clerk of Circuit Court, Milwaukee County Court House, 901 N. 9th Street, Milwaukee, Wisconsin 53233, during normal business hours and on this website on the Important Court Documents page. 

The Court will hold a final approval hearing on July 17, 2026 at 11a.m. to decide whether to approve the Proposed Settlement including the request for attorneys’ fees and litigation expenses. Even if the Court approves the Proposed Settlement, there could be appeals. The time for an appeal varies.

The Proposed Settlement becomes final and binding on the “Effective Date.” If no appeals are taken, the Effective Date is the date on which the Court approves the Proposed Settlement as final, subject to certain conditions. If an appeal is taken, the Effective Date is the date when all appeals are complete, and the Proposed Settlement becomes final.

The Proposed Settlement will go into effect on the Effective Date.

If the Proposed Settlement is finally approved, the Court will enter an order dismissing all claims against BMO with prejudice. Under the terms of the Proposed Settlement, you will release BMO with respect to the claims that were raised or could have been raised in the case. This means you cannot seek equitable relief or any type of monetary relief against BMO based on any claims related to or arising out of the repossession and sale of your personal property, the notices related to the same, and your Loan Agreement involved in this case. You will be giving up all such claims, whether or not you know about them. Notwithstanding the foregoing, under no circumstances will this release extend to or include claims for personal or bodily injury or under the Servicemembers Civil Relief Act.

Your interests as a member of the Class will be represented by the Representative Plaintiff and Class Counsel. You will not be billed for their services. Class Counsel will receive a fee only if the Court approves the Proposed Settlement, and the fee award will be set by the Court and paid from the Settlement Fund. 

The Court’s order will apply to you even if you objected or have any other claim, lawsuit, or proceeding pending against BMO. If you have any questions about the release, you should consult with a lawyer.

If you do nothing, you will be part of the Class. That means you cannot sue BMO over the claims settled in this case. It also means that all of the Court’s orders, including the release of claims and dismissal of the lawsuit with prejudice (see Question 8), will apply to you and legally bind you.

The waiver of deficiency balances of the respective Class Members involves disputed debts which the Representative Plaintiff contends are discharged by operation of law and which BMO contends are enforceable.

BMO may issue a Form 1099-C tax report which will report as income to you any deficiency balance waived as a result of the settlement. For general information concerning the taxation of cancelled debt, please review https://www.irs.gov/taxtopics/tc431

As a result of the above, you may want to seek the advice of a tax professional if you have any questions concerning the taxation of settlement benefits and whether you should remove yourself from the Proposed Settlement pursuant to Question 12 below. Even if you remove yourself from the Proposed Settlement, BMO may nonetheless issue a Form 1099-C tax report which will report as income to you any deficiency balance that BMO may decide to waive.

You do not have to do anything to obtain a Settlement Check. If the Court grants final approval of the settlement, a Settlement Check will be distributed from the Settlement Fund to all participating Class Members by mail. The amount of each Settlement Check will be reduced on a pro rata basis by the amount the Court determines that Class Counsel shall receive as compensation for the prosecution of the instant action, the incentive award to the Representative Plaintiff, and certain expenses related to administering the Settlement

If you want to keep your right to sue BMO with respect to the notices you received relating to the repossession and sale of your personal property or with respect to any other legal claim, you must take steps to remove yourself from the Proposed Settlement. This is called asking to be excluded from – or “opting out” of – the Class and the Proposed Settlement.

If you choose to exclude yourself from the Class, you will not be bound by any order, judgment or settlement of the lawsuit. If you exclude yourself from the Class, you will not receive any benefits from this class action. You will retain and be free to pursue any claim against BMO based on the notice(s) you received related to the repossession and sale of your personal property or based on your Loan Agreement.

To exclude yourself from the Proposed Settlement, you must mail a letter saying that you want to be excluded from the Class in Tobiason v. BMO Bank. You must include your full name, current mailing address, and telephone number, and the letter must be signed by you personally. Your letter requesting exclusion must be mailed or otherwise delivered to the following addresses such that it is received by June 17, 2026.

Tobiason Class Action
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241

Robert W. Murphy, Esq.
Law Office of Robert W. Murphy
440 Premier Circle, Suite 240
Charlottesville, VA 22901

Matthew C. Lein, Esq.
Lein Law Offices
5692 Hwy 63 North
PO Box 761
Hayward, WI 54843

Nathan E. DeLadurantey, Esq.
DeLadurantey Law Office, LLC
330 S. Executive Drive, Suite 109
Brookfield, WI 53005

Jeffrey Jamison, Esq.
Meredith Pike, Esq.
BMO Bank N.A.
320 Canal Street, 7th Floor
Chicago, IL 60606

You cannot exclude yourself on the phone or by email.

Yes. The Court has appointed Robert W. Murphy, Matthew C. Lein, and Nathan E. DeLadurantey to represent you and the other Class Members in this case. Mr. Murphy, Mr. Lein, and Mr. DeLadurantey are together called Class Counsel.

You will not be charged for representation by Class Counsel. Class Counsel’s compensation will be paid from the Settlement Fund. If you want to be represented by another lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve attorneys’ fees and litigation expenses to be paid from the Settlement Fund. Class Counsel will ask the Court to award attorneys’ fees not to exceed $500,000 (“Attorney Fees”) and litigation expense not to exceed $15,000 (“Attorney Costs”). Class Counsel contends that the total benefit of the settlement to the Class includes approximately $2,098,679.43 in waived deficiencies exclusive of interest, the $850,000.00 payment to the Settlement Fund, and the economic benefits attributable to the request for deletion of adverse information from the Class Members’ credit reports.

Class Counsel will also ask the Court to approve an incentive award of $7,500 (“Incentive Award”) to be paid from the Settlement Fund to the Representative Plaintiff for the time and resources he spent helping Class Counsel on behalf of the whole Class, and to be paid to the Representative Plaintiff in addition to the Settlement Check. The Court may award less than the requested amount.

The cost of administering the Settlement (“Settlement Administration Expense”), including the expense of sending this Notice and any settlement checks, will be paid directly out of the Settlement Fund. The estimated cost of the Settlement Administration Expense is $16,000.

No Class Member will owe or pay anything directly for the Attorney Fee Award, Attorney Costs and Incentive Award which will be paid from the Settlement Fund.

The Court must approve both the Attorney Fees and Attorney Costs for Class Counsel and the Incentive Award for the Representative Plaintiff. The Court will conduct a hearing on attorney’s fees and litigation expenses at the same time of the final approval hearing.

The Attorney Fees, Attorney Costs, Incentive Award and Settlement Administration Expense (“Litigation Payments”) will be deducted from the Settlement Fund before the pro rata distribution of Settlement Checks. Based on the anticipated Litigation Payments, each Class Member who does not exclude themselves from the Settlement (“Participating Class Member”) should receive a Settlement Check for approximately $1,034.00. Settlement Checks will be mailed to Participating Class Members shortly after the Effective Date. 

You may object to any part of the Proposed Settlement. To do so, you must file a written objection in the case of Tobiason v. BMO Bank N.A., Case No.: 2024CV003245. Any objection must set forth your full name, current mailing address and telephone number and must include:
(a) a written statement explaining the reasons for your objection;
(b) copies of any papers, briefs, or other documents you want to bring to the Court's attention;
(c) any evidence you wish to introduce in support of your objection; and
(d) a statement of whether you or your lawyer will ask to appear at the final approval hearing to talk about your objections. 

Your objection must be mailed or otherwise delivered to each of the following addresses so that it is received by June 17, 2026. 

If you or your lawyer asks to appear at the final approval hearing, in addition to providing the above information, you must include in your objection letter:
(a) the points you wish to speak about at the hearing;
(b) copies of documents you intend to rely upon at the hearing;
(c) the amount of time you request for speaking at the hearing; and
(d) whether you intend to have a lawyer speak on your behalf.

If you intend to have a lawyer present, your lawyer must file a written notice of appearance of counsel with the Court no later than June 17, 2026.

Objecting is simply telling the Court that you do not like something about the Proposed Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself from the Class, you have no basis to object because the case no longer affects you.

The Court will hold a final approval hearing to decide whether the Proposed Settlement is fair, reasonable, and adequate and should be granted final approval. The Court will also consider whether to award attorneys’ fees and other expenses to Class Counsel, whether to provide an incentive award to the Representative Plaintiff, and whether to enter a final judgment and dismiss the lawsuit. If there are objections, the Court will consider them. You may attend and you may ask to speak.

The final approval hearing will be July 17, 2026 at 11a.m., before the Honorable Judge Michael J. Hanrahan, Milwaukee County Courthouse, 901 N. 9th Street, Courtroom 500, Milwaukee, WI 53233. The hearing may be rescheduled or continued without notice by the Court.

The final approval hearing may occur telephonically or by Zoom. If you or your attorney plan to attend the hearing, please contact Class Counsel (see Question 20) prior to the hearing to obtain updated information, including a tollfree call-in number in the event of a telephonic hearing or log-in information in the event of a Zoom hearing.

The Proposed Settlement may be approved by the Court with modifications, and without further notice, if consented to by the Representative Plaintiff and BMO and their respective attorneys in accordance with the terms of the Settlement Agreement.

No. Class Counsel will answer any questions the Court may have. If you send a written objection, you do not have to come to the final approval hearing to talk about it. As long as you mailed your written objection on time and according to the Court’s rules, the Court will consider it. You may also pay your own lawyer to attend the final approval hearing, but it is not necessary.

You have the right to do nothing. If you do nothing, you will remain part of the Class and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against BMO about the claims in this case, ever again. You will receive all the Settlement Benefits described in FAQ 3. Further, the tax consequences of the Settlement described in FAQ 7 above will apply.

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 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: 
Tobiason Class Action
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241

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:
Tobiason Class Action
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241

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:
Tobiason Class Action
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241

If you have any questions concerning the matters dealt with in this notice, please direct your inquiries to the following Class Counsel:

Robert W. Murphy, Esquire
440 Premier Circle, Suite 240
Charlottesville, Virginia 22901
Email: [email protected]
Telephone: (954)763-8660

Matthew C. Lein, Esq.
P.O. Box 761
Hayward, Wisconsin 54843
Email: [email protected]
Telephone: (715) 634-4273

Nathan E. DeLadurantey, Esq.
DeLadurantey Law Office, LLC
330 S. Executive Drive, Suite 109
Brookfield, Wisconsin 53005
Email: [email protected]
Telephone: (414) 377-0515

Tobiason Class Action
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241
888-766-7516

The pleadings and other records in this litigation are available and may be examined and copied during regular office hours at the Clerk of the Circuit Court, Milwaukee County Courthouse, 901 N. 9th Street, Room 500, Milwaukee, WI 53233 or on this website fon the Important Court Documents Page. 

PLEASE DO NOT TELEPHONE THE CLERK’S OFFICE OR THE JUDGE’S CHAMBERS CONCERNING THIS NOTICE OR THIS CASE.