Black Farmers Litigation

Black Farmer Litigation Attorneys

If you or a family member farmed, or attempted to farm, between January 1, 1981 and December 31, 1996 you may be entitled to class action settlement money. Under new legislation passed in May, 2008, up to $100 million dollars could be paid out to African American farmers who were not treated fairly by the United States Department of Agriculture (USDA).

Black farmers, many of whom live in Florida, Georgia, Alabama, Mississippi, Louisiana, Texas, Arkansas, Tennessee, South Carolina, North Carolina, Kentucky, Virginia, and West Virginia, must act quickly. The legislation includes any black farmer in all fifty states, though a large amount of the discrimination took place in the South.

In 1997, the Pigford class action lawsuit (sometimes referred to as the African American farmer lawsuit or Black Farmers Lawsuit) resulted in the largest settlement in civil rights history for black farmers. Unfortunately, almost 70,000 black farmers, most of who live in the South, were denied their opportunity to receive money damages because of filing technicalities. However, Congress has recently passed legislation that reopens part of the case and black farmers whose previous claims were denied can now file a new lawsuit.

The Strom Law Firm is currently representing black farmers and their families and has agreed to review any black farmer’s claims at no cost. If we determine that there is a valid case, we will represent the black farmer or his family on a contingency fee basis and there will be no fees charged if there is no recovery. If you or a family member farmed, or attempted to farm in the past, and you are not sure if you are eligible, please call us for a free review of the facts of your case.

Q. What was the Pigford case about?

A. During the period from 1981 through 1996, the United States Department of Agriculture (USDA) discriminated against African-Americans who were farming, or attempting to farm, by unfairly and arbitrarily denying them the opportunity to fully participate in government loan and benefit programs designed to help farmers. While minority farmers were being denied loans for farm operating expenses, USDA approved similar loans to white farmers, even though they were similarly situated to the minority farmers. When black farmers complained to the USDA about this treatment, the agency failed to properly explain, investigate, or resolve the civil rights complaints. As a result of this double violation of their civil rights, black farmers suffered substantial damages, including having to sell large portions, if not all, of their lands. The Pigford case was filed on August 28, 1997 to try to obtain funds for black farmers who suffered discrimination as a result of the USDA’s practices.

Q. What went wrong with the Pigford settlement process?

A. Due to problems with the Pigford class members receiving proper settlement notice, the Pigford settlement allowed individuals to file late claims beyond the original October 12, 1999 deadline if they could show that failure to submit their claim before the deadline was due to “extraordinary circumstances” beyond their control. As a result, 65,991 individuals petitioned the case Arbitrator on or before the late-filer deadline of September 15, 2000 for permission to file a late claim under section 5(g) of the Pigford consent decree. However, of those 65,991 individual petitions, only 2,699 petitions were approved; the remaining ninety five percent, totaling 63,292 individuals, were denied the opportunity to file claims.
 

Q. What did Congress do to fix the problem?

A. Congress held hearings on the status of those who filed late petitions and the reasons why people did not submit timely claim forms. They determined it appropriate that all late filers who are Pigford class members and who were not granted permission by the Arbitrator to submit late claim forms be given another opportunity to seek resolution of their claim. This led to the enactment of section 14012 as part of the 2008 farm bill, “The Pigford Claims Remedy Act,” giving each person who met the qualifications the right to have a determination made on his or her Pigford claim in a new civil action brought in the Federal District Court of the District of Columbia.
 

Q. Who is eligible to file a new lawsuit?

A. Essentially, if you were an eligible Pigford claimant, and you filed a claim during the prior late claims period (before September 15, 2000), and your claim was dismissed as “untimely” (i.e., filed too late), you will be permitted to re-file your claim for a review on the merits.

Q. Who are “eligible Pigford claimants”?

A. Eligible Pigford claimants are black farmers who previously submitted a completed claim package or late-filing request in the Pigford class action claims process but were denied relief because their claim was deemed “late.” The intent of the new legislation passed by Congress is to provide an opportunity for late filers to have their claims heard on the merits. Those people who did not file claims before cannot now file for relief. However, if you do not know whether you filed a claim previously, please call us for a free review of your case and a determination of whether you are still eligible to file.
If you (or a family member) might fit the criteria above because you farmed, or attempted to farm in the past, please contact us to protect your rights. If you are not sure if you or your relatives are eligible, please call us for a free review of the facts of your case.

Q. What kind of relief can I get under the new law?

A. Damages – Claimants who allege discrimination related to a farm loan can pursue expedited resolution and are permitted to seek liquidated damages of $50,000, a discharge of the debt that was incurred as a result of the alleged discrimination that is the subject of the complaint, and a tax payment equal to 25 percent of the liquidated damages and loan principal discharged. Claimants who bring suit but elect not to use the expedited resolution track may seek actual damages greater than $50,000. You should consider consulting a lawyer as to which track best suits your needs.

Noncredit Claims – Claimants who prevail on a claim of discrimination involving a noncredit benefit program of the USDA are entitled to a payment of $3,000, no matter how many successful claims the claimant brings.

Foreclosure – While a Pigford claim is being brought, an individual filing pursuant to The Pigford Claims Remedy Act is protected from loan acceleration or foreclosure. However, this foreclosure protection only applies to loans related to the Pigford claim and not the claimant’s entire loan portfolio.

Do you have further questions? Call the claims administrator at 1 8778108110. Or email questions@blackfarmercase.com regarding the Black Farmers Litigation.

If you or a family member farmed, or attempted to farm in the past, and you are not sure if you are eligible, please fill out our Free Case Consultation form to the right for a free review of the facts of your case.