Summary:
• You pay nothing out of pocket and you will not be charged any money to hire our firm
• If we win, our fee is paid as a percentage of the money we recover
• If we do not win, you pay nothing
• Do not sign an agreement with another law firm for this same claim. Do not apply for a class action award. You will give up your right to compensation from this arbitration if you do.
You may be required to produce documentation or proof that you were a PROSPER MARKETPLACE customer.
ATTORNEY-CLIENT REPRESENTATION AGREEMENT
This Attorney-Client Representation Agreement (“Agreement”) is between you (“you” or “Client”) and Harrer Law, P.C. (also identified as the Firm, We, or Us).
SCOPE OF REPRESENTATION
We will serve as your attorneys in connection with claims you may have against PROSPER MARKETPLACE for the data breach discovered on September 1, 2025. We will represent you to the best of our ability and according to our ethical duties as a law firm.
IN ORDER FOR US TO PROCEED ON YOUR BEHALF, YOU MUST SIGN THIS AGREEMENT
If it turns out that you do not qualify for this arbitration, we will notify you that we will withdraw from the arbitration.
Upon your signing this Agreement, we agree to represent you in claims against PROSPER MARKETPLACE regarding PROSPER MARKETPLACE’s data privacy practices that may impact your rights. We do not represent you in any other matters.
By signing this Agreement, you authorize us to file a claim on your behalf and in your name in an individual arbitration. We may also do other things we believe are in your best interest, including preparing and signing legal documents, negotiating a settlement, or obtaining documents from the company or third parties to prosecute your claim. If we determine that you do not have a valid claim, we will advise you and this Agreement shall terminate.
The outcome of disputed legal matters is always uncertain. You understand that we cannot guarantee that this claim will be successful or that you will recover any money or obtain any other form of relief.
TAX ADVICE
You understand that, in the case of a settlement or award, we cannot provide you with tax information or advice. You should consult with a tax advisor if you have any questions.
ATTORNEY' FEES, EXPENSES AND HOW WE DISBURSE FUNDS
You will not pay us any fees out of pocket. If we successfully collect a financial recovery by payment of an award or settlement of your claim we are compensated from the money paid by PROSPER MARKETPLACE.
We operate on a contingency fee basis. This means that our fees are a percentage of the settlement, award, or recovery. Our fee will be 50% of the net sum recovered which is the amount available after we are compensated for the expenses that we pay on your behalf.
However, if the law in your state limits the contingency fees we are entitled to receive to a percentage less than 50%, we will limit our fee to the maximum amount allowed by your state’s law.
If there is a recovery or settlement in this case, you grant us the right to receive any settlement funds, deduct contingency fees and expenses, and send you the remainder within 90 days of receiving the settlement funds.
CO-COUNSELING ARRANGEMENT
As required by law and if necessary, we may hire attorneys to assist with your claim. Note that association with other attorneys will not affect your portion of the settlement. Other attorneys will be paid from our Attorneys fees, not your portion.
SETTLEMENT OFFERS
You have the right to accept or reject any settlement offer the company makes to you. We will never settle your claim without your express consent unless you provide pre-authorization to settle.
You give us exclusive authorization to negotiate settlements with the company, including as part of a group settlement with other similar claims, and to make decisions about litigation or settlement tactics on your behalf. You give us the right to reject any settlement offer we deem to be unsatisfactory. If we convey a settlement offer to you from the company, the final decision on whether to accept the offer is yours. If we advise you that we feel the settlement is fair and reasonable, but you disagree with our advice, we may withdraw as counsel.
If you later obtain a settlement, recovery, or judgment, you agree that we are entitled to an amount up to and including the full fee contemplated by this Agreement for legal services rendered.
GROUP SETTLEMENT
In cases such as this, the opposing side sometimes attempts to settle The Firm’s clients in groups. No matter what settlement process is used, you always have the right to accept or reject a settlement being offered.
MULTIPLE CLIENTS; APPORTIONMENT OF RECOVERY; AND CONFLICTS OF INTEREST
You are one of multiple plaintiffs or claimants being represented by us with respect to this case and may settle as a group. If you do not withdraw from the settlement, you authorize us to apportion the common expenses and recovery between all of our clients in a manner we determine to be fair.
CONFLICT WAIVER
You understand that the Firm represents multiple clients in the same case as yours. The Firm represents that they are currently unaware of any actual conflicts that exist between clients arising from this joint representation.
WHEN HARRER LAW, P.C. MAY WITHDRAW AS YOUR ATTORNEY
We may withdraw from our representation of you in some specific circumstances including:
• You fail to comply with any portion of this Agreement.
• You fail to cooperate with us, such as failing to respond to our requests for information
• You do not follow our advice, tactics, or strategy
• It is not economically viable for you or us to continue to prosecute your claim
• After reviewing your information, we believe prosecuting your claim will be unduly difficult or expensive
• We determine that further prosecution of the case would be unethical or result in a conflict of interest
• The company enters bankruptcy, liquidation, or we determine that a recovery would be uncollectable
We will notify you prior to withdrawing from the representation by sending you an email.
YOUR DUTIES AS CLIENT' ELECTRONIC COMMUNICATIONS; ADMONITIONS
Your responsibilities as a client include notifying us of a change in your contact information, being truthful, promptly responding to our communications, and providing needed information and documents via electronic methods.
You agree to notify us of any change in your email address, telephone, or mailing address by sending an email to
[email protected] within two weeks of a change. If you fail to notify us, and do not sign the required documents for a settlement, you will be ineligible for the settlement.
You agree not to sign an agreement with any other law firm related to this claim and represent that you have not already signed an agreement with another law firm related to a claim against the PROSPER MARKETPLACE.
By signing this Agreement, you acknowledge that electronic communication (for example, email and SMS text messaging) is the best way to facilitate communications from the Firm to you.
ALLOCATION OF SANCTIONS
You agree that any award of fees and costs that may be awarded as discovery or other sanctions shall not be considered part of your recovery and shall belong exclusively to the Firm as additional compensation for extra ordinary time and effort.
The arbitrator may assess monetary sanctions, (including attorney fees and costs) against you for bad faith conduct, including providing false information or documents. Any such award will be your responsibility.
STATUTE OF LIMITATIONS WAIVER
Your claims must be brought within a limited time period called the Statute of Limitations. Even if you complete this Agreement, you agree that we do not have to take any action on your claim if the Statute of Limitations period expires within 90 days of the date this signed Agreement is received.
DISPUTE RESOLUTION; CONFIDENTIALITY
If you and the Firm have any other dispute about this contract or our services, we will first try to settle it through direct discussions. You agree to give us 30 days’ notice of any dispute by sending a letter or email to
[email protected].
If we cannot resolve the dispute through direct discussions, you agree to seek your remedy by filing an action in the Circuit Court of Cook County, Illinois.
NO OTHER LAW FIRM
You represent to us that you have not signed an agreement with any other law firm to pursue claims against PROSPER MARKETPLACE. You give us permission to provide certain information to other law firms if we believe you may have hired another firm. This information would be solely for identifying if or when you signed a retainer agreement with another firm.
SEVERABILITY; FREELY ENTERED INTO; ENTIRE AGREEMENT; CONTROLLING LAW
You agree that if any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part, and not the entire Agreement, will be inoperative; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
This Agreement shall be governed and controlled by the laws of the State of Illinois and the Illinois Rules of Professional Responsibility.
ATTORNEY DOCUMENT AUTHORIZATION AGREEMENT
By signing below, you have authorized the Firm to act as your legal counsel in connection with claims that you have against PROSPER MARKETPLACE and certain additional parties. You authorize the Firm to obtain, in your name and on your behalf, any information or documents that may be contained in any file, private or public, pertaining to your dispute with PROSPER MARKETPLACE including information or documents held by PROSPER MARKETPLACE or third parties. This authorization is valid during such time as the Firm shall continue to act as your counsel in connection with such claims.
By electronically signing the page, I hereby agree to the terms of the Attorney-Client Representation Agreement and Affirm that the information I submitted is true.