Murphy v Gospel for Asia, Inc., et al. Frequently Asked Questions

If you do not find an answer to your question below, click here to contact us.

Questions

Answers

1. What is the Notice?

Answer:

A Notice was sent to individuals who, according to Gospel for Asia records, are Class Members and may be able to receive payment under this class action settlement. This Notice explains the basic terms of the Settlement and the options and rights as a potential Class Member. The Settlement Agreement and other documents have more details about the Settlement.

Back to top

2. Description of this lawsuit:

Answer:

This is a class action (“Action”) titled Murphy v. Gospel for Asia, Inc., et al., Case Number 5:17-cv-05035-ELW (W.D. Ark.). Garland D. Murphy, III, MD, and Phyllis Murphy, on behalf of themselves and all Settlement Class Members (“Plaintiffs”), allege that Gospel for Asia (“GFA”) misdirected funds designated for specific charitable projects that donors selected. GFA denies any wrongdoing.

The Court has made no determination of liability. Both sides believe that the Settlement is a better result than continuing to litigate, and that it will provide substantial benefit to the Class. By settling, GFA does not admit any wrongdoing.

Because the parties decided to settle, the Court will not decide this Action. Instead, the Court has determined on a preliminary basis that certification of a class action is appropriate for purposes of settlement, and that the Settlement is sufficient to warrant a notice to the Class. The Court must still make a final determination, subject to any objections from the Class Members, whether the Settlement is fair, reasonable, and adequate.

The Court has appointed Marc R. Stanley and Martin Woodward of Stanley Law Group, Woodson W. Bassett III and James Graves of Basset Law Firm LLP, and Tom Mills of Mills and Williams, LLP to be the attorneys representing the Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

Class Counsel can be reached at:
     Stanley Law Group 
     Marc R. Stanley 
     Martin Woodward
     6116 N. Central Expressway
     Suite 1500
     Dallas, TX 7520

The Court also appointed Heffler Claims Group as the Settlement Administrator for purposes of the Settlement. The Settlement Administrator can be reached at: Murphy v. Gospel for Asia, c/o Settlement Administrator, PO Box 58638, Philadelphia, PA 19102-8638, as well as by email at info@GFAClassAction.us or by calling toll- free (844) 367-8894.

Back to top

3. Am I a Member of the Class?

Answer:

The Settlement Class is defined as:

All persons in the United States who donated money to GFA-USA from January 1, 2009 through the date the Settlement Class is certified for Project Codes 1000-4900.  Excluded from the Class are unknown donors; Defendants, their subsidiaries, and affiliates; all persons who make a timely election to be excluded from the Class; the Special Discovery Master appointed in this case; and the Judge and Magistrate Judge to whom this case is assigned and their immediate families.

Back to top

4. I'm still not sure if I'm included:

Answer:

If you are not sure if you are a Class Member, you can call the Settlement Administrator at (844) 367-8894.

Back to top

5. What do I need to do now?

Answer:

First, you must decide whether you wish to remain in the Class or exclude yourself from the Class. If you exclude yourself from the Class, you will not be eligible to receive compensation under the Settlement, or object to the Settlement, but you will retain the right to sue GFA for the claims alleged in the Action. If you wish to exclude yourself from the Class, you must submit an Exclusion Form. For instructions, see FAQ #15 below.

Second, if you wish to remain in the Class and receive a cash payment, you must submit a Claim Form. The benefits of the Settlement are explained in Paragraph 8 below. If you disagree with the Settlement, you may also object to the Settlement. You can submit a Claim Form even if you object to the Settlement. Instructions for submitting a Claim Form are found in FAQ #9 below, and instructions for objecting are in FAQ #17 below.

Back to top

6. What do I give up if I choose to stay in the Class?

Answer:

If you choose to stay in the Class, you will release certain claims you may have against GFA and the Released Parties, as summarized in FAQ #16 below. You will also be bound by the Court orders and judgment issued in this Action. You will not be able to sue or otherwise proceed against GFA for certain claims related to this Action.

Back to top

7. What if I do nothing?

Answer:

If you are a Class Member and do nothing, you will stay in the Class. You will give up certain rights as indicated in FAQ #6 above, but you will not get any payment from the Settlement. You must complete and timely submit a Claim Form to receive any payment under the Settlement. Instructions for submitting a Claim Form are found in FAQ #9 below.

Back to top

8. What can I get from the Settlement?

Answer:

Monetary Compensation:

The Settlement will provide a fund of $37,000,000 that, subject to Court approval, will be used to pay: (i) valid and approved Claims submitted by Class Members; (ii) the costs and expenses associated with this Notice and claims administration; (iii) Class Counsel’s attorneys’ fees and expenses. The pro rata amount that you receive (which will not exceed 100% of your eligible donations) will depend on the number of Claims submitted, the amount that you donated to qualifying projects, and the amount of attorneys’ fees and expenses awarded by the Court.

Changes to Business Practices:

In addition to the monetary compensation described above, GFA will make changes to the structure and membership of its board of directors. Additionally, all board members will undergo training for individuals serving on a non-profit board.

GFA will publish annual reports of all work accomplished with donated funds, and it will ensure that solicitations to donors disclose that moneys are raised for ministry purposes regardless of any particular designation. GFA will also create a board sub-committee to monitor GFA’s compliance with the terms of the Settlement and to produce a confidential annual report to the board, the Presiding Judge in this Action, and Counsel for Plaintiffs and Defendants.

Back to top

9. How can I make a Claim?

Answer:

To receive a payment under the Settlement, you must send in a Claim Form.  Please read the instructions and certification carefully, and fill out the form completely and accurately. Claim Forms can be submitted electronically by July 11, 2019 by 11:59 pm CT on this website or by mail to: Murphy v Gospel for Asia, c/o Settlement Administrator, PO Box 58638, Philadelphia, PA 19102-8638 postmarked no later than July 11, 2019.

Back to top

10. What is the Claim process?

Answer:

The Settlement Administrator will review each Claim Form. If you submit a valid Claim, you will receive payment in the form of a check.

Back to top

11. When will I get my payment, if any?

Answer:

The Court must give final approval to the Settlement before any payments can be made. The hearing to decide whether to finally approve the Settlement is set for June 13, 2019 at 10:00 a.m. (the “Hearing”). The payment of valid Claims will begin after the Settlement is approved and the judgment is final including any relevant appeals. Resolving appeals, if any are filed, takes time, sometimes more than a year. Finally, there remains a possibility that this Settlement may be terminated for other reasons, as explained in the Settlement Agreement. The Settlement Agreement can be found in the Documents section on this website.

Back to top

12. What happens after all Claims are processed if there are funds remaining?

Answer:

No amount of the Settlement Fund shall revert to Defendants.  If, after payments to Claimants have been made and the deadline for cashing Claimants’ checks has passed, funds remain in the Settlement Fund sufficient to make it feasible to make a second payment to Claimants (e.g., payment of $1.00 or more, after administrative expenses for issuing and mailing that check), a second distribution shall be made. Any unclaimed funds after the second distribution will be disbursed to an appropriate Christian charitable organization.  Defendants agree not to object to the suggestion that the Court distribute unclaimed funds evenly to: (i) Samaritan’s Purse; (ii) Friends of Israel; (iii) Global Training Network; (iv) Heaven’s Family; and (v) Christ for All Peoples, all of which must be certified by the Evangelical Council for Financial Accountability as of the date of each distribution.

Back to top

13. Do I have a lawyer in this case?

Answer:

The Court appointed Class Counsel to represent Class Members for purposes of the Settlement. Class Counsel is authorized to act on behalf of the Class Members with respect to the Settlement.

You have the right to retain and make an appearance through your own attorney to represent you in this Action, at your own expense, or represent yourself without an attorney. Any Class Member who does not enter an appearance through an attorney or on his or her own behalf will automatically be represented by Class Counsel.

Back to top

14. How will the lawyers be paid?

Answer:

Class Counsel will file a motion for attorneys’ fees and expenses not to exceed $12,210,000 and expenses of $750,000. Any attorneys’ fees and expenses and Enhancement Payments approved by the Court will be paid from the Settlement Fund. You have the right to review the motion before you decide whether to exclude yourself from the Class or object to the Settlement.

A copy of Class Counsel’s motion for a Fee Award and Class Representative Enhancement Payments will be made available on this Website.

Back to top

15. How do I exclude myself from the Class?

Answer:

If you don’t want a payment from this Settlement, or you want to keep your right to sue or continue to sue GFA on your own about the legal claims in this Action, you must exclude yourself from the Class. If you exclude yourself, you will not be able to object to the Settlement.

If you want to be excluded from the Class, you must submit a Request for Exclusion in writing to the Settlement Administrator. A Request for Exclusion can be submitted electronically on this website by May 28, 2019 or by mail to: Murphy v Gospel for Asia, c/o Settlement Administrator, PO Box 58638, Philadelphia, PA 19102-8638, postmarked no later than May 28, 2019. If your Request for Exclusion is late or deficient, it will not be effective to exclude you.

Back to top

16. Can I sue Gospel For Asia later?

Answer:

If you exclude yourself, you can sue GFA for any claims you may have against it. If you do not exclude yourself, your right to sue GFA later will be limited. Upon final approval of the Settlement, you will give up the Released Claims, which, in summary, are all claims asserted in this Action and any claim based on donations to GFA for Project Codes 1000-4900 from January 1, 2009 – March 22, 2019.

Back to top

17. How can I object to the proposed Settlement?

Answer:

If you exclude yourself, you have no right to object to the Settlement.

If you do not exclude yourself, and you are dissatisfied with the Settlement or any part of it, you have the right to object. Objecting is a way of telling the Court that you don’t like something about the Settlement. Even if you object, you will still receive compensation under the Settlement if you submitted a valid Claim. (In other words, you can object to the Settlement and submit a Claim Form, but you will be bound by the orders and judgment in this Action and you will give up the Released Claims as summarized in FAQ #16 above).

Any Class Member who files a valid, written objection mailed with a valid postmark no later than May 28, 2019 may appear at the Hearing and object to the Settlement. Objectors must send their written objections to the Clerk of the Court at:
                     
     John Paul Hammerschmidt Federal Building
     35 East Mountain Street
     Room 510
     Fayetteville, Arkansas 72701-5354

If you file a written objection, it must state: (1) your name, address, and telephone number; (2) the name, address, and telephone number of your lawyer, if you have one; (3) the basis for the objection; and (4) a statement of whether you intend to appear at the Final Approval Hearing, either with or without your lawyer. You must reference Murphy v. Gospel for Asia, Inc., et al., Case No. 5:17-cv-05035-ELW.

Back to top

18. Do I have to come to the Final Approval Hearing?

Answer:

On June 13, 2019 at 10:00 a.m., the Court will hold a Hearing at the United States District Court for the Western District of Arkansas, before the Honorable Erin L. Wiedemann, in Courtroom 210, John Paul Hammerschmidt Federal Building, 35 East Mountain Street, Fayetteville, Arkansas 72701. At the Hearing, the Court will consider all necessary matters concerning the Settlement, including whether to grant final certification to this Action as a class action for settlement purposes, whether to approve the proposed Settlement as fair, reasonable, and adequate, and whether to grant Class Counsel’s motion for attorneys’ fees and expenses.

You do not have to come to the Hearing. Class Counsel will appear on behalf of all Class Members to answer any questions the Court may have at the Hearing. But you are welcome to attend in person or through your own attorney at your own expense. Please note that the Court may change the date and/or time of the Hearing and/or the matter may be submitted on the briefs without further notice. If you are planning to attend, you should confirm the date and time before going to the Court.

Back to top

19. What do I have to do to speak at the Hearing?

Answer:

If you are a member of the Class, and you (or your attorney) want to appear and speak at the Hearing about your objection, you (or your attorney) must file a valid Notice of Intent to Appear with the Clerk of the Court at the address listed in FAQ #17 above, no later than  May 28, 2019, that includes your name, address, and telephone number, and copies of any papers, exhibits, or other evidence that you will present to the Court in connection with the Final Approval Hearing.

Back to top

20. How do I get additional information?

Answer:

The Notice summarizes the proposed Settlement and does not cover all of its terms. The Settlement Agreement and all documents filed in this Action are available for review by visiting the office of the Clerk of Court for the United States District Court for the Western District of Arkansas at John Paul Hammerschmidt Federal Building, 35 East Mountain Street, Room 510 Fayetteville, Arkansas 72701-5354  during normal business hours, Monday through Friday, 7:00 a.m. to 6:00 p.m. CST, or accessing the files through the Court’s Public Access to Court Electronic Records (PACER) system at https://pacer.login.uscourts.gov/csologin/login.jsf. You can also get copies of the Settlement Agreement and other case documents in the Important Documents section on this website, or you may contact the Settlement Administrator at (844) 367-8894, at info@GFACLassAction.us, or write to Murphy v Gospel for Asia, c/o Settlement Administrator, PO Box 58638, Philadelphia PA 19102-8638.

PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT

Back to top

This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call (844) 367-8894

Donation List

Donation List

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline.

    Tuesday, May 28, 2019 You must complete and mail your request for exclusion form so that it is postmarked, or submitted online, no later than May 28, 2019.
  • Objection Deadline.

    Tuesday, May 28, 2019 You must file with the Court your written objection(s) and/or notice of intent to appear at the Final Approval Hearing no later than May 28, 2019, and mail a copy to Class Counsel and Defense Counsel, postmarked no later than May 28, 2019.
  • Claim Form Deadline.

    Thursday, July 11, 2019 You must submit your Claim Form online no later than Thursday, July 11, 2019, or mail your completed paper Claim Form so that it is postmarked no later than July 11, 2019.
  • Final Approval Hearing Date.

    Thursday, June 13, 2019 The Final Approval Hearing is scheduled for June 13, 2019 at 10:00 a.m. Please check this website for updates.

Important Documents

Having Trouble?

Having trouble opening .pdf files? You can download Acrobat Reader  for free from www.adobe.com.

Copyright © 2019 Heffler Claims Group - All Rights Reserved. This site designed and developed by Heffler Claims Group - Privacy Policy