“Black Farmers” Settlement FAQ
Because tens of thousands of African-American farmers were unable to have their claims in the Pigford case resolved, Congress established a new remedial process for relief under the Food, Conservation and Energy Act of 2008 (”2008 Farm Bill”). This case, the Consolidated Black Farmers Discrimination Litigation, consists of discrimination claims by African-American farmers authorized by Section 14012 of the 2008 Farm Bill.
The Pigford case was the largest settlement in civil rights history. The case was brought on behalf of African-American farmers who believed they had been the victims of discrimination by the U.S. Department of Agriculture with respect to federal farm credit or benefit programs. The terms of the settlement of that case were part of a Consent Decree entered by the United States District Court for the District of Columbia on April 14, 1999. That Consent Decree set an October 12, 1999 deadline for filing claims for relief under the Consent Decree. The Court extended the deadline to September 15, 2000, but only for claimants who could show that “extraordinary circumstances” caused their filing delay. Approximately 58,000 claimants who filed claims after the October 12, 1999 deadline, but before the September 15, 2000 “late-filing” cut-off, never had their discrimination claims resolved because they were found not to have met the “extraordinary circumstances” test for the filing of late claims. The 2008 Farm Bill established a new remedial process for such claims.
No. The cases brought under the Farm Bill, which are consolidated in the Consolidated Black Farmers Discrimination Litigation, are entirely NEW cases, separate and apart from Pigford.
Not at this time. The Court has not certified the case as a class action. Rather, it is a series of individual actions which have been consolidated by the Court for case management purposes.
All discrimination claims by African-American farmers brought under the 2008 Farm Bill must be filed in the United States District Court for the District of Columbia. It doesn’t matter if you live far from Washington, we can represent you regardless of where you live.
Yes. Under the 2008 Farm Bill, all claims must be filed in federal court by May 22, 2010.
No. You may retain a lawyer to assist you, but, as in any lawsuit, you may also file a complaint on your own behalf. You may contact us at: 1 (866) 472-7826
Under the 1999 Pigford Consent Decree, Track A provided for an expedited adjudication with a predetermined damages award for successful claimants of $50,000, plus an additional $12,500 payment to the Internal Revenue Service to cover the additional tax liability. Track B involved a full evidentiary hearing, a higher burden of proof for claimants, and the possibility of “actual damages” that could exceed $50,000. Both tracks provided successful claimants with discharge of the debt incurred as a result of the discrimination that was the subject of the complaint. These same two options are available under the 2008 Farm Bill. Section 14012(f) authorizes “Expedited Resolution” similar to Track A in the Consent Decree and Section 14012(g) provides for “Actual Damages” similar to Track B. Please contact a lawyer about which option is best for you.
Noncredit Claims – Claimants who prevail on a claim of discrimination involving a USDA noncredit benefit program are entitled to a payment of $3,000, without regard to the number of such claims on which the claimant prevails. Limitation on Foreclosures – While a claim under the Farm Bill is pending, a claimant is protected from loan acceleration or foreclosure for loans that are related to claims brought under the Farm Bill.
No. You do not need to pay anything or join any organization to bring a claim under the Farm Bill or to participate as a plaintiff in this action.
If you have already retained an attorney to represent you in connection with you claim for discrimination against the USDA, you should contact him or her to confirm the status of your claim. For the convenience of individuals who have not already identified a lawyer to assist them with a claim or potential claim under the Farm Bill, the list of law firms who are already involved in this Litigation is attached. Note that you are not required to retain one of these law firms to participate in the Litigation.
The Consolidated Black Farmers Discrimination Litigation is not part of the Pigford settlement. There is no settlement of this new action. To qualify to receive a payment under the Farm Bill as part of this new action, claimants will have to prove that they satisfy the specific requirements for relief established by the Farm Bill. There is currently no timetable either for the processing of claims or for any distribution of money. There is also no established amount that successful plaintiffs will recover, as there was in the Pigford case.
Most successful plaintiffs in the Pigford case were awarded a $50,000 payment, plus an additional $12,500 payment to the Internal Revenue Service to cover the additional tax liability. Those payments were paid directly from the U.S. Judgment Fund. Under the Farm Bill, which authorizes the current Consolidated Black Farmers Discrimination Litigation, the Judgment Fund may not be available, and, to date, Congress has appropriated only $100,000,000 to pay for claims and debt relief. Although additional funds may be appropriated in the future, at this time, the current amount available to cover payments to farmers is $100,000,000.
In order to bring a claim under the Farm Bill and to participate in the Litigation, you must have filed a claim under Section 5(g) of the Consent Decree in Pigford. If you have not previously filed such a claim, you are not eligible to file suit under the Farm Bill.