August 8, 2025

On July 2, 2025, partial payment first checks were mailed to Class Members who did not dispute their payment record in their February transactional letters. Partial payment first checks for disputed claims will be issued once those disputes are resolved, which is expected later this summer.

How was my partial first payment amount determined?
Each class member’s partial payment first check is based on the total Club Membership Fees (including the 7% sales tax) they paid during the Class Period of April 26, 2013 through November 30, 2023, the statutory interest calculated based upon the dates those payments were made, and the total Class funds now available. Class member partial payment first checks will vary based on how much each class member paid and when those payments were made during the Class Period. The pro rata share paid in this partial payment first distribution is each class member’s total claim divided by the total claims of all class members, multiplied by the total amount available in Class Funds at this time. Although the calculations incorporate the statutory interest to compute the amount of each class member’ total claim, this partial first payment does not include any interest. Each person’s partial payment first check will reflect their specific claim and history.

Additional information regarding the partial payment first distribution is available in the Order Regarding Plaintiffs’ Motion Approving Partial Distribution, and Awarding Class Counsel Fees and Expenses, and Incentive Awards to Named Plaintiffs on the Court Documents page of this website.

An additional second distribution will occur after the conclusion of Avatar Properties, Inc.’s pending appeal and final Court rulings. This additional second distribution may include statutory interest. At this time, we do not have an estimated time for when that second distribution will occur.

Why was my check not received or mailed to a different address?
Certain records in the Defendant’s data were outdated or incomplete. A third-party address verification service was used to update class member contact information. While this process was effective, it resulted in incorrect updates for some class members. If you believe your address is incorrect or have not received your first check, please contact us to provide updated information so we may reissue your first check.

1-800-494-9209
info@SolivitaClassAction.com

When to Expect Your Reissued First Check
Once your reissue request is processed, please allow 6 to 8 weeks for your reissued first check to arrive by mail.