Article archive / April 1, 2015
Originally published: . Volume 6, No. 4. Source pages: 4.
The American Psychological Association (APA) has entered into a compromise settlement on fees collected from members for political purposes. Notices were mailed on March 13 alerting members who had paid a Practice Assessment, that they could apply for a payment from the settlement. The Friday notices were sent from the APA Assessment Fee Settlement Administrator to those who paid as assessment at any time since 2001. The settlement amount is $9.2 million.
According to the documents, plaintiffs in these lawsuits alleged that APA and APA Practice Organization (APAPO) engaged in unfair practices when they represented on dues statements that payment of an annual “practice assessment” (or “special assessment”) was required for membership in APA, even though payment of the practice assessment was only required for membership in APAPO.
Documents said that APA and APAPO deny the allegations that they engaged in unfair practices or any unlawful or improper conduct.
The documents state that the reason for the settlement is: “The Court did not decide in favor of the Plaintiffs or the Defendants. Although the Plaintiffs think they may have won if the case went to trial, the Defendants disagree and do not believe they did anything wrong. The Parties negotiated this proposed Settlement after lengthy briefing and argument on Defendants’ motion to dismiss. The Court granted Defendants’ motion to dismiss, but the Plaintiffs’ appealed, and the appellate court affirmed in part and reversed in part the trial court’s decision. Thereafter, Plaintiff filed a consolidated amended complaint. If a settlement were not reached, it would have taken a long time to get to trial, as the Parties would still have to brief and argue Plaintiffs’ motion to certify the case to proceed as a class action on behalf of a nationwide class of APA members, motions for summary judgment, and other legal issues. Further, it is uncertain whether Plaintiffs would ultimately be successful on those motions, or at trial. For their part, Defendants deny the claims but decided that it was in their best interest to resolve the Litigation so as to avoid the expense, inconvenience, and interference with business operations that continuing the Litigation would entail. Instead of going to trial, both sides agreed to settle. Ending the dispute now allows all parties to return their full attention to their mission- focused or clinical work.”
“Three lawsuits were filed against the APA and APAPO and are pending in the United States District Court for the District of Columbia.” Also according to documents, “Each case was pleaded as a class action and sought monetary damages, restitution, attorneys’ fees, punitive damages, and injunctive relief.”
Those who paid the assessment may file a claim until October 12, 2015 or do noting. See additional information at https://www.practiceassessmentsettlement.c om
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