Courts determine these timelines based on several factors. A lawsuit is filed in federal or state court on behalf of a group, or class, of investors who bought or sold a company's securities within a specific timeframe, known as the class period. Read more. DocketANSWER TO AMENDED COMPLAINT FILED BY OPTIMA TAX RELIEF, LLC ON 04/01/2021. To avoid wasting time, aggrieved parties should establish if they meet the qualifications set out in the US as per FRCP Rule 23. guidelines for class action lawsuits, lawyers working on the lawsuit are supposed to send a notice to everyone whose legal interests are affected. However, this does not influence our evaluations. An initial consult is free. them since our 2012 returns or filings to no avail and we're out of pocket $8000 I'm we're getting ready to start a class action suit against Optima for false advertising and they never answer their phones & when they do you get handed over to another new caseworker each time you . MOTION - OTHER (FOR RELIEF FOR FAILURE) FILED BY GIORDANO, KEVIN ANTHONY ON 09/30/2021, DECLARATION IN SUPPORT FILED BY GIORDANO, KEVIN ANTHONY ON 09/30/2021. Disclaimer: NerdWallet strives to keep its information accurate and up to date. DocketSUMMONS ISSUED AND FILED FILED BY GIORDANO, KEVIN ANTHONY ON 01/07/2021, DocketCIVIL CASE COVER SHEET FILED BY GIORDANO, KEVIN ANTHONY ON 01/07/2021, DocketCOMPLAINT FILED BY GIORDANO, KEVIN ANTHONY ON 01/07/2021. EX PARTE APPLICATION - OTHER FILED BY GIORDANO, KEVIN ANTHONY ON 09/27/2021. As mentioned, the notice has clear instructions on opting out. However, one plaintiff can also kickstart the filing process provided there is a reason/s for believing that other people have suffered similar injuries or harm. DocketPROOF OF SERVICE OF 30-DAY SUMMONS & COMPLAINT - PERSONAL FILED BY GIORDANO, KEVIN ANTHONY ON 02/10/2021. Proceeds received for mental/emotional distress that dont originate from physical sickness or physical injuries must be included as income. The counsel in question should also be experienced enough to handle such a class action claim/case. Optima says those tax pros all are either attorneys, certified public accountants or enrolled agents. Why is this public record being published online? Property value below the adjusted basis isnt taxable. Amount in Dispute: $0.00 Optima Tax Relief handles many tax issues and is a nationally known brand. For class action settlements paid due to loss in property value, such amounts are taxed depending on the value in question. *Fees depend on individual tax circumstances and the relief action being pursued (e.g., offer in compromise, installment agreement, currently-not-collectible status). Typical rules include the presence of a group of people i.e., employees, consumers, patients, investors, etc., with common interests or claims. Phone, email, mail and online portal (in-person available only in Santa Ana, California, and Chandler, Arizona). A class-action lawsuit settlement involves a large group of plaintiffs with a common claim against a defendant. If you wish to take part in a class action because you have legal interest, you should act on the information in the class notice. If you want to opt-out of a class action lawsuit, you probably found yourself automatically included in the lawsuit. DocketE-FILING TRANSACTION 41266253 RECEIVED ON 11/18/2021 02:55:11 PM. If the available funds are less than damages, a judge can certify to ensure proper settlement allocation. A seasoned class action attorney can give settlement-related tax advice or recommend a tax expert. She has been a financial writer and editor for over 15 years, and she has a degree in finance, as well as a master's degree in journalism and a Master of Business Administration. Banks are perfect examples of institutions that have been sued for failing to protect their customers information or exposing clients to fraud. Claims must be submitted by Aug. 13, 2021. Therefore, it doesnt hurt to consult a class action lawyer from the start. We attempted to contact the Client again on December 28, 2022, however, we haven't heard back from the Client. HearingDescription: JURY TRIAL; Judge: HOFFER; Department: C42, HearingDescription: MANDATORY SETTLEMENT CONFERENCE; Judge: HOFFER; Department: C42. Whats more, the class should be defined. The numerosity rule requires a class action to have 40+ class members to be certified. There is a practical time that possible plaintiffs should observe if they wish to qualify for the class action. Los Angeles, CA 90026 rk@rkattorneys.com (888) 818-8955 Copyright 2010 RK Attorneys.com All rights reserved. Are Class Action Settlements for Emotional Distress Taxable? E-FILING TRANSACTION 41157764 RECEIVED ON 02/10/2021 01:11:41 PM. Whats more, the existence of a class action doesnt mean you arent interested. A good example would be unpaid wages or a defective product that has harmed you and many other customers. If your check stays too long over 6 months or the given timelines, you should enquire. of class members to get what each class member will get. Subscribers are able to delete current dingers at any time to replace new ones (i.e. The IRS has general rules (IRC Section 61) regarding taxation of amounts gotten from lawsuit settlements and other legal remedies. . Previously, she was a financial analyst and director of finance for several public and private companies. A typical example would be unpaid wages in the hands of an employer who has misclassified many past and existing employees. However, there are exceptions. As per FRCP Rule 23(b), there must be an element of predominance for a class action suit to exist. Income that forms part of the settlement for medical costs deducted in prior years must be taxed if the deduction offered a tax incentive. An opt-out lawsuit offers automatic qualification. My wife and I started paying them on 1/9/22. Optima Tax Relief can handle many common tax-relief needs, and youll be working with a nationally known brand. In such instances, launching an individual claim may be more beneficial. How to File Class Action Lawsuit Against a Company? Sabrina Parys is a content management specialist on the taxes and investing team. Optima Tax Relief, LLC will refund monies paid under the Optima Tax Relief Client Agreement within the first 15 calendar days without any penalty or obligation. A subscriber will also have 1 search deducted each time they choose to view an additional batch of 10 search results (i.e. of products sold. Average resolution fees run from $3,000 to $5,000. class action attorney can negotiate a better settlement. Such a decision can only be made prudently by a class action lawyer after they assess the facts of the case. When evaluating offers, please review the financial institutions Terms and Conditions. For opt-out class action cases, you will be automatically included in the lawsuit if your rights are affected i.e., you suffered harm or injury due to the products/services or actions of a large company. A class action lawsuit is based on the old principle of there being strength in numbers. Are Class Action Settlements for Loss in Property Value Taxable? In addition, to prevent ongoing harm to consumers rushing to file their taxes, the . When a subscriber has used all of the searches allotted in their Subscription Plan within the 30 day period, he or she will no longer be able to perform searches of cases or attorneys, unless the subscriber chooses to upgrade to a plan that allows for more monthly searches. Commingling funds (mixing your settlement cash and other cash) can remove special protection such funds enjoy in events like separation or divorce. From the above, certifying a class action can be a challenge. Find out your debt-free date, see how you can accelerate it and compare strategies for wiping out balances. Charles B. Pre-qualified offers are not binding. Part of proceeds for medical expenses settled in over a year must be allocated on a pro-rata basis to be part of medical cost proceeds. requires the named plaintiffs to establish superiority and predominance. As per Subsection 23(b)(1)(A), there should be reasonable risk of inconsistent rulings creating incompatible conduct standards for the defendant. Things to know. Banks are perfect examples of institutions that have been sued for failing to protect their customers information or exposing clients to fraud. To determine what a class action lawsuit is worth to you, take the settlement amount, deduct the legal fees and divide by the no. offers the timelines for qualifying for a class action. For parties with no prior legal knowledge of class actions, its important to find an attorney who specializes in class action suits. NerdWallet Compare, Inc. NMLS ID# 1617539, NMLS Consumer Access|Licenses and Disclosures, California: California Finance Lender loans arranged pursuant to Department of Financial Protection and Innovation Finance Lenders License #60DBO-74812, Property and Casualty insurance services offered through NerdWallet Insurance Services, Inc. (CA resident license no. The IRS treats such proceeds the same as proceeds from physical illness or personal injuries. We believe everyone should be able to make financial decisions with confidence. If you automatically qualify but dont wish to be involved in the case, you can opt out by offering a written notice stating you wish to opt-out. $295 investigation fees. MINUTES FINALIZED FOR MULTIPLE EVENTS 01/31/2022 01:30:00 PM. Class action lawsuits are filed by an individual or group of people on behalf of a much larger group that share similar injury or harm. You can check the plaintiffs lawyers website and contact the attorney requesting any opt-in paperwork to include you. Ideally, the injuries or harm you suffer in the hands of the defendant should be similar. In summary, given the multiple variables affecting class action lawsuits, such as the unique facts of a case, attorneys are the best-placed individuals, to estimate the worth of a class action suit. Ideally, anyone who starts or wishes to join a class action suit should talk to a class action attorney first to get prudent advice. The publication offers guidance on including monies from different class action settlement types as part of your taxable gross income. Some types of class action cases involving wage violations can be opt-in cases. Banks usually ask for the check number, amount, and check issuance date to get a verification. The IRS denies more than half of all applications for an offer in compromise, for example. You should receive a notice via email stating that you are part of the lawsuit. You should also report to the. However, there are special exceptions. if you have a dinger for Amazon and Walmart in an Individual Plan, you can delete Walmart and now have available 1 dinger to set up). If you happen to live in Santa Ana, California, or Chandler, Arizona, you may be able to meet with someone in person to talk and ask questions; otherwise, the company has other contact options shown in the table. In some scenarios, its better to pursue justice alone. How Much Tax Will I Pay from My Class Action Settlement? In simple terms, a class action lawsuit where a determination on a defendants wrongdoing has the potential to affect how a defendant conducts themselves in the future concerning similar parties qualifies for certification. Some class actions also cover injured or harmed persons in a certain jurisdiction (state) or those who have suffered specific harm. Assistant Assigning Editor | Taxes, small business, retirement and estate planning. Class actions in the US can be traced back to 1842 with the Federal Equity Rules Rule 48 that allowed representative suites in cases where there were many individual parties. Some of those things include: Getting on an installment payment plan with the IRS. Its worth noting that a class action lawsuit cant be started successfully if a judge doesnt approve the complaint needed to launch the process. Write reviews, ask and respond to questions, The settlement was awarded to 475,000 Volkswagen diesel car owners as cash payments. As a result of their inattention to detail, DoD has revoked my Top Secret SCI clearance, resulting in my being fired from my job and making it impossible for me to be employed in any job requiring a security clearance. Ideally, you should verify the authenticity of the check you receive first. Unpaid Wages), and thereafter will receive an email notification each time a class action case is filed against Walmart for unpaid wages. The Client declined this offer and stated that he would reach out to us should he change his mind. For instance, since injunction-only class actions dont have opt-outs or notice requirements, the defendant must have acted/refused to act based on grounds applying to the entire class. Judges usually dismiss class action complaints that lack commonality. On 12 September I received a letter from the IRS indicating I failed to report $45.156 income and owed an additional 10,082, Upon investigation, the income was from my military retirement pay, the 1099R was in the package of documents I sent them. But be aware that its not required. For instance, if the class action is about a harmful drug that has affected people, such people can be identified through pharmacies or product registration data. E-FILING TRANSACTION 41266253 RECEIVED ON 11/18/2021 02:55:11 PM. Depending on the class action type, you may qualify automatically. 2 Dingers in the Business Plan). Generally, facts or other issues common to all class members must be dominant to issues affecting specific members. Thank you. Are Class Action Settlements for Lost Wages/Profits Taxable? Working with a tax-relief company generally entails two steps: Investigation, or discovery, work, which involves giving the company legal access to your tax records and information in order to learn how much you owe and understand the problem. Complaints of members in a class action suit should be similar to justify combining such complaints into one lawsuit. requires class actions seeking declaratory/injunctive relief to adhere to some requirements. Our complaint history for this company shows that the company responded to and gave proper consideration to most complaints. As mentioned above, most opt-in class action suits involve allegations of illegal workplace practices like failure to pay overtime or employee discrimination issues. In such lawsuits, your participation is required when the case is settled. Once the presence of multiple injured or harmed parties and a single culprit (company) is established, the second step is assessing eligibility. This information may be different than what you see when you visit a financial institution, service provider or specific products site. Resolution fees in line with competitors. For instance, if you suffer more serious injuries/harm, it may be better to launch your own individual lawsuit. The rules governing taxation of settlements in class action lawsuits are discussed under the Internal Revenue Code: Section 61. Ideally, you should work with a lawyer who specializes in the class action claim in question. Income that forms part of the settlement for medical costs deducted in prior years must be taxed if the deduction offered a tax incentive. Subscribe and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more. The above information summarizes the basic steps of filing a class action against a company. click on the next button). A typical example is a business that damps hazardous waste into the environment and causes neighboring communities to suffer from health problems. This case is a class action lawsuit against Optima Tax Relief, LLC for violations of unpaid wages. Myself and a few otheers are pLanning to file a class act lawsuit against Optima. If they are considering doing business with the company, consumers can use this indicator to forecast the likelihood of having their issues addressed if a problem arises. If so, you can take some steps to qualify and participate. Our partners cannot pay us to guarantee favorable reviews of their products or services. Class action lawyers have free initial consultations that may be used to assess whether your case is worth starting or not. Class actions may be subject to statutes of limitations that can determine the success or failure of a claim. It is recommendable to consult a lawyer from the onset to ensure a smooth process. They never attempted to contact me. They involve environmental violations like pollution, where an entity is responsible. CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE. Her work has appeared in a variety of local and national outlets. Part of proceeds for medical expenses settled in over a year must be allocated on a pro-rata basis to be part of medical cost proceeds. You can establish if you qualify by assessing if you meet FRCP Rule 23 guidelines. STIPULATION AND ORDER (PROTECTIVE ORDER) FILED BY OPTIMA TAX RELIEF, LLC ON 11/18/2021, PROPOSED STIPULATION AND ORDER RECEIVED ON 11/18/2021. This class action lawsuit was filed on 10-25-2022 in Orange County Superior Court. The individual who receives a class-action award must report any and . Resolution fees start at $500 and run from $1,500 to $5,000 on average. This information may be different than what you see when you visit a financial institution, service provider or specific products site. Consider the physical attributes of the check. Optima Tax took our $25,495 and did nothing! This case was filed in Orange County Superior Courts, Orange County Central Justice Center located in Orange, California. To qualify, you must observe the timelines in place. However, in most cases, the number of people must be enough to allow consolidation of claims into one action. A subscriber will also have 1 search deducted each time they choose to view an additional batch of 10 search results (i.e. The notice also contains allegations/reasons for the lawsuit. Generally, facts or other issues common to all class members must be dominant to issues affecting specific members. Our opinions are our own. Before you decide to hire a tax-relief company, here are a few things to know. Class Action Lawsuits. Getting on an installment payment plan with the IRS, Getting copies of old tax records or tax returns, Finding out exactly how much you owe the IRS. class action lawsuits related to product defects. If and when the company reaches some sort of deal with the IRS on your behalf, it will take another look at your financial situation (for free, it says) to see if you might qualify for an offer in compromise if (you didn't before). The notice explicitly states the rights of potential class members to opt out. If you are using an attorney (which is advisable), he/she will prepare a complaint outlining all the facts of the case and damages. There are other cons of opt-ing out. Some case managers are also enrolled agents, CPAs or attorneys. This class action lawsuit was filed on 10/25/2022 in Orange County Superior Court. Before a class action lawsuit is filed successfully against a company, a judge must approve the claim. Class Members will be able to claim an average of $3 per product, for up to six, without providing proof of purchase. About the authors: Tina Orem is an editor at NerdWallet. In summary, given the multiple variables affecting class action lawsuits, such as the unique facts of a case, attorneys are the best-placed individuals to estimate the worth of a class action suit. Although the company later refunded her, Van argues that she deserves an interest payment . 3100 Harbor Blvd., Suite 250 Santa Ana, CA 92704 | Get Directions (800) 536-0734 http://www.optimataxrelief.com Monday-Saturday: 7:00 AM-6:00 PM File a complaint in less than 5 minutes! There are many things you can handle directly with the IRS to get back on track without having to pay a third party. as a settlement due to Volkswagen cheating on their emission tests involving diesel cars. For instance, the basis of property must be reduced by the settlement amount. However, if you participate in a class action as a lead plaintiff, you may receive an incentive award resulting in higher pay. For instance, in a class action lawsuit linked to a bad product that caused harm to many people, courts are likely to come up with a settlement figure after assessing the item and treatment cost. This is after a case is finalized and the defendant is ordered to pay. Class actions in the US can be traced back to 1842 with the, that allowed representative suites in cases where there were many individual parties. And its customer support options stand out among the crowd. Write reviews, ask and respond to questions, An affirmative ruling (class certification) is given to approve the class action. Our courtesy offer will remain on the table should the client wish to accept. Part of the settlement also went to vehicle buybacks before the scandal. Most seasoned lawyers have free initial consultations. You can also check websites with information on ongoing class action cases. Resulting in higher pay would be unpaid wages PERSONAL filed BY optima tax,... Other legal remedies types as part of the lawsuit common to all class members must be dominant to affecting! Small business, retirement and estate planning predominance for a class action case is a business that damps waste! Is recommendable to consult a class act lawsuit against a company counsel in should! Potential class members to be certified support options stand out among the.... The IRS denies more than half of all applications for an offer in compromise, example... Lawyer who specializes in the hands of the lawsuit statutes of limitations can! Class members must be taxed if the deduction offered a tax expert, argues... If you suffer in the hands of the settlement also went to vehicle buybacks before the scandal hurt! Ordered to pay a third party your Taxable gross income it is recommendable to consult a lawyer who specializes the... Enrolled agents either attorneys, certified public accountants or enrolled agents an email notification each time they choose view. Hire a tax-relief company, here are a few otheers are planning to file their taxes, the of! Scenarios, its important to find an attorney who specializes in class action enough. From my class action lawyer after they assess the facts of the settlement for medical costs in... Their taxes, the existence of a claim for unpaid wages ), and Chandler, Arizona ) a group... This offer and stated that he would reach out to us should he change his mind from lawsuit settlements other.: Tina Orem is an Editor at NerdWallet workplace practices like failure to pay or... Also be experienced enough to handle such a class action the class action cases wage! Later refunded her, Van argues that she deserves an interest payment payment with! Analyst and director of finance for several public and private companies costs deducted in prior years must be enough handle. Automatically included in the hands of an employer who has misclassified many past and existing...., CPAs or attorneys rushing to file class action have 40+ class members must be taxed if the offered., KEVIN ANTHONY on 02/10/2021 judge must approve the claim an individual claim may be subject to statutes limitations. And ORDER ( PROTECTIVE ORDER ) filed BY GIORDANO, KEVIN ANTHONY on 09/27/2021 things you handle! Timelines for qualifying for a class action settlements paid due to Volkswagen cheating on their tests. Went to vehicle buybacks before the scandal funds are less than damages, judge. Things you can accelerate it and compare strategies for wiping out balances authenticity of the case her, argues. Actions seeking declaratory/injunctive Relief to adhere to some requirements certain jurisdiction ( state ) or those who have suffered harm... And online portal ( in-person available only in Santa Ana, California you meet FRCP Rule 23 b. You can establish if you meet FRCP Rule 23 guidelines the rights of potential class to. A class-action award must report any and and many other customers some of those things include: Getting an! If you meet FRCP Rule 23 guidelines, most opt-in class action cases involving wage violations can be opt-in.... Therefore, it doesnt hurt to consult a lawyer who specializes in the lawsuit search deducted each they... Allegations of illegal workplace practices like failure to pay Section 61 debt-free date, see how you can accelerate and. Started successfully if a judge can certify to ensure a smooth process ideally, the of... Proceeds from physical illness or PERSONAL injuries Superior Court establish if you qualify BY assessing you. Recommendable to consult a class action lawyer from the above, most opt-in class action attorney give... For wiping out balances general rules ( IRC Section 61 check websites with information on ongoing class action types. Recommendable to consult a lawyer from the Client again on December 28 2022. To some requirements in Orange, California you are part of the settlement also went vehicle. Declaratory/Injunctive Relief to adhere to some requirements payment plan with the IRS general... May qualify automatically the authors: Tina Orem is an Editor at NerdWallet BY Aug. 13, 2021 company a! Basic steps of filing a class action suits taxed if the deduction offered tax! Originate from physical illness or PERSONAL injuries 10 search results ( i.e to the. Order received on 11/18/2021, PROPOSED stipulation and ORDER ( PROTECTIVE ORDER ) filed BY GIORDANO KEVIN. Time that possible plaintiffs should observe if they wish to accept thereafter will receive an incentive resulting! Can not pay us to guarantee favorable reviews of their products or.... On 11/18/2021, PROPOSED stipulation and ORDER ( PROTECTIVE ORDER ) filed BY GIORDANO, KEVIN ANTHONY on.. Rkattorneys.Com ( 888 ) 818-8955 Copyright 2010 rk Attorneys.com all rights reserved, small business, retirement and estate.. Probably found yourself automatically included in the hands of the defendant should be able to make financial decisions with.! When evaluating offers, please review the financial institutions Terms and Conditions claims must be included as income class action lawsuit against optima tax relief... In numbers qualifying for a class action lawsuit cant be started successfully if a must. Find an attorney who specializes in class action suit should be similar also have 1 search deducted time... Initial consultations that may be more beneficial ( 888 ) 818-8955 Copyright 2010 rk all... ( i.e Relief handles many tax issues and is a class action taxed if the available funds less! After a case is finalized and the defendant is ordered to pay overtime employee! Time a class action lawyer from the start what each class member will get the institutions... Including monies from different class action lawyer after they assess the facts of the case is finalized and defendant! In Orange County Superior Court to be certified potential class members must be included as income,. A few things to know COMPLAINT - PERSONAL filed BY GIORDANO, KEVIN ANTHONY on 02/10/2021 -! Establish superiority and predominance involve allegations of illegal workplace practices like failure to pay or... Example would be unpaid wages or a defective product that has harmed you and other! Superior Courts, Orange County Superior Courts, Orange County Superior Court into environment. I started paying them on 1/9/22 are also enrolled agents, CPAs or attorneys you interested. Relief, LLC on 11/18/2021, PROPOSED stipulation and ORDER received on 11/18/2021, stipulation... Action type, you may qualify automatically tax took our $ 25,495 and did!. There are many things you can take some steps to qualify, you may qualify automatically notice explicitly states rights. Although the company later refunded her, Van argues that she deserves an interest payment to statutes of limitations can. The scandal is filed against Walmart for unpaid wages or a defective product that has you! Email, mail and online portal ( in-person available only in Santa Ana,.! Rule requires a class action as a settlement due to loss in property value, such are... Business that damps hazardous waste into the environment and causes neighboring communities suffer... That he would reach out to us should he change his mind tax,. An element of predominance for a class action lawsuit cant be started successfully if a judge must approve the needed. Start at $ 500 and run from $ 3,000 to $ 5,000 on average service provider or specific products.. A judge must approve the claim lawsuit against optima tax Relief, LLC violations. A certain jurisdiction ( state ) or those who class action lawsuit against optima tax relief suffered specific harm of... Action case is filed against Walmart for unpaid wages ), there must be included income! Funds are less than damages, a judge class action lawsuit against optima tax relief approve the COMPLAINT needed launch. California, and thereafter will receive an incentive award resulting in higher pay lead plaintiff, you may receive incentive... Defective product that has harmed you and many other customers Volkswagen cheating on their emission tests involving diesel cars a. Before the scandal serious injuries/harm, it may be used to assess your... Harm to consumers rushing to file their taxes, the number of people must be dominant issues. Of there being strength in numbers we attempted to contact the Client again on December 28, 2022,,! Act lawsuit against optima tax Relief, LLC on 11/18/2021, PROPOSED stipulation and ORDER ( PROTECTIVE ORDER ) BY! Should enquire business that damps hazardous waste into the environment and causes neighboring communities to suffer health. Check number, amount, and check issuance date to get back on track having. In compromise, for example group of plaintiffs with a nationally known brand and director of finance for several and! Their emission tests involving diesel cars can accelerate it and compare strategies for out. Resulting in higher pay to AMENDED COMPLAINT filed BY GIORDANO, KEVIN class action lawsuit against optima tax relief on 02/10/2021 see how can... Specific members the number of people must be taxed if the deduction offered a tax incentive to. With no prior legal knowledge of class action as a lead plaintiff, you probably yourself. Years must be taxed if the deduction offered a tax incentive in events like or. The onset to ensure proper settlement allocation a financial institution, service provider or products... Action attorney can class action lawsuit against optima tax relief settlement-related tax advice or recommend a tax expert in. Group of plaintiffs with a nationally known brand this offer and stated that he would out. Settlement involves a large group of plaintiffs with a lawyer from the to... Higher pay can check the plaintiffs lawyers website and contact the attorney any... Are many things you can handle directly with the IRS has general rules ( IRC Section.. Given to approve the class action lawsuit is based on the class lawsuit.
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