Settlement FAQs

how do you qualify for the black farmers settlement

by Jeffry Beatty Published 1 year ago Updated 1 year ago
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If you are a Class Member (you are a Late Filer or a Late-Late Filer and did not receive a determination on the merits of your Pigford claim), the Court has said you may be eligible for an award under the Settlement if you, or the person on whose behalf you are filing a claim, can meet ALL of the following criteria: You are an African American;

Full Answer

Will black farmers receive stimulus aid?

Black Farmers Will Receive Stimulus Aid After Decades Of USDA Discrimination Denied USDA loans and grants for over a century, Black farmers will receive stimulus money. Black farmers won a class action discrimination lawsuit in the '90s, but many didn't get debt relief.

Did USDA do enough to deal with the black farmers'lawsuit?

And in dealing with the black farmers' lawsuit, the former brass at USDA certainly didn't do much to dispel such criticism. Pigford is actually the last of several lawsuits brought by black farmers against USDA.

Can a black farmer file a claim in this case?

No new claims can be made in this case. News reports indicate that an organization known as the Black Farmers and Agriculturists Association (based in Memphis, TN) may be advising black farmers that there is still an opportunity to seek a recovery in this case and that a payment to BFAA will allow them to file a claim.

Did the Pigford settlements make black farmers whole?

Known as Pigford I and II, two class-action lawsuits against the USDA paid out $2.3 billion to Black farmers who alleged racial discrimination in the department’s allocation of farm loans and assistance beginning in 1983. The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

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How to become a claimant other than skin color?

First, you have to have been discriminated against during the “window” outlined above. Second, you must claim to have applied for a loan or payment and been turned down for discriminatory reasons. Third, you must have filed a discrimination complaint prior to July 1997.

What ethnic groups have filed lawsuits against the USDA?

Meanwhile, from all colors of the ethnic rainbow, copycat lawsuits have sprung up. American Indians, Asians, Hispanics and whites have all filed, or are preparing to file, separate suits alleging discrimination and incompetence at the hands of USDA agencies.

How much did the USDA spend on settlement ads?

Meanwhile, USDA spent over $400,000 taking out ads on the settlement in a variety of print media and on television. The push was on. According to one Delta farmer who attended class-counsel meetings, attorneys promised “easy money quick. They wanted as many names on the signup sheet as possible.

Why did black farmers gather outside the White House gates?

Two years later, a group of black farmers assembled outside the White House gates to protest racism within USDA. The national media covered the assemblage and aired the group's charges.

Is there discrimination within the USDA?

Few would argue that there haven't been instances of discrimination within USDA agencies in the past. But with so many groups leveling the charge and telling essentially the same story (late FSA loans resulting in late planting and poor yields, bad book-keeping, failure to disclose loan options or new programs properly, etc.), the overriding charge should perhaps shift from discrimination to simple bureaucratic ineptitude. And in dealing with the black farmers' lawsuit, the former brass at USDA certainly didn't do much to dispel such criticism.

When did the black caucus pass the waiver?

The black caucus pushed legislation through Congress that opened the window of discrimination complaints to include anything between Jan. 1, 1981, and Dec. 31, 1996. The waiver was passed as an amendment to the (fiscal year) 1999 agriculture appropriations bill.

Do Asians file separate suits against USDA?

American Indians, Asians, Hispanics and whites have all filed, or are preparing to file, separate suits alleging discrimination and incompetence at the hands of USDA agencies. Few would argue that there haven't been instances of discrimination within USDA agencies in the past.

Who is the claimant in a settlement?

The Claimant is the Class Member who meets the requirements of the Settlement for a Class Member. The Submitter is the person who is filing the claim on behalf of the Claimant because the Claimant is deceased or unable to submit the Claim Form him or herself due to a physical or mental limitation.

How to get a copy of the settlement agreement?

You can get a copy of the Settlement Agreement by clicking here or by calling toll-free, 1-877-810-8110.

How much money did Congress give to settle the USDA lawsuit?

Congress has provided $1.25 billion to settle this lawsuit. This money is called the Settlement Fund. After deducting certain amounts, including the costs of administering this Settlement and attorneys’ fees and expenses, the remaining Settlement Fund will be distributed to Class Members whose claims are approved by a Court-appointed Neutral. In addition to cash payments, the Settlement will also provide reductions or forgiveness of USDA loans for certain Class Members who qualify, in addition to payments to cover additional income tax you may owe as a result of your award.

When was the late filing deadline for the Pigford settlement?

The Court in Pigford allowed people to file a petition (“Late-Filing Request”) to request that their claims be considered after the original claims deadline (October 12, 1999).

How does a lawyer's fee work in a settlement?

If you hired your own lawyer, that lawyer’s fee will be subtracted by the Claims Administrator from the amount you receive from the Settlement. There are limits on what that fee may be:

What is a class action settlement?

A class action Settlement has been reached between certain African American farmers and the USDA. If you are eligible for benefits from this Settlement, you have a right to know about it and about all of your options before the Court decided whether to approve the Settlement.

What is a general settlement?

What is a Class Action? In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. All these people together are a “Class” or “Class Members.”. One court decides all the issues in the lawsuit for all the Class Members.

What is the problem with black farmers?

Black farmers have faced decades of discrimination at the hands of the U.S. Department of Agriculture, which has denied them loans and other aid. A discrimination lawsuit promised vital debt relief, but many didn't get it.

Who heads the National Black Farmers Association?

BODINE: But for John Boyd Jr., who heads the National Black Farmers Association, it makes perfect sense. He says Black farmers are facing extinction, and the pandemic has made the situation worse.

Who is the farmer who says the relief package is a good start?

BODINE: Farmer John Boyd Jr. remains optimistic and says the relief package is a good start, but he's calling on Ag Secretary Tom Vilsack to do more.

Do black farmers get loans?

Black farmers have faced decades of discrimination at the hands of the U.S. Department of Agriculture, which has denied them loans and other aid. A discrimination lawsuit promised vital debt relief, but many didn't get it. Now, despite some partisan resistance, Black farmers and other disadvantaged groups are getting billions in debt relief and help. Seth Bodine of member station KOSU reports.

Did Willard Tillman get money from the lawsuit?

But many didn't get that money. Willard Tillman heads the Oklahoma Black Historical Research Project. He says while the lawsuit paid out money to some farmers, no internal changes were made to root out racism. WILLARD TILLMAN: I do not know where anybody was reprimanded for anything that they had done during that time.

Will black farmers get stimulus?

Black Farmers Will Receive Stimulus Aid After Decades Of USDA Discrimination Denied USDA loans and grants for over a century, Black farmers will receive stimulus money. Black farmers won a class action discrimination lawsuit in the '90s, but many didn't get debt relief.

What is section 2 of the Packers and Stockyards Act?

(1) in paragraph (8), by striking “for slaughter” and all that follows through “of such poultry” and inserting “under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person ”;

What is USDA 1890?

USDA/1890 National Scholars Program. “ (a) Definition of program .—In this section, the term ‘program’ means the USDA/1890 National Scholars Program established by the Secretary. “ (b) Authorization .—The Secretary shall continue to carry out the program.

Boyd Calls Out PepsiCo For ALL Talk and NO Contracts For National Black Farmer Members

BASKERVILLE, Va., Jan. 27, 2022 /PRNewswire/ -- John Boyd, president of the National Black Farmers Association (NBFA), today called out PepsiCo for Continued Discrimination after a year and half of ALL talk and NO contract following a verbal commitment.

Push for Equality

PUSH FOR EQUALITY: John Boyd, president and founder of the National Black Farmer’s Association, discusses supply chain issues, the fight for promised aid and federal relief.

State of Black Farmers

Chairman David Scott hosted a hearing with National Black Farmer President John Boyd, Jr. and others on March 25, 2021 at 12 pm.

How much did the average black farmer make in 2017?

The Center for American Progress found that in 2017, the average full-time White farmer brought in $17,190 in farm income, while the average full-time Black farmer made just $2,408. Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

How many black farmers are there in the US?

Of the 3.4 million farmers in the United States today, only 45,000 are Black, according to the USDA, down from 1 million a century ago. Black farmland ownership peaked in 1910 at 16 to 19 million acres, about 14 percent of total agricultural land, according to the Census of Agriculture. A century later, 90 percent of that land had been lost. White farmers now account for 98 percent of the acres, according to USDA data.

How did discrimination start?

Discrimination started a century ago with a series of federal Homestead Acts that offered mainly White settlers deeply subsidized land. Since then, local U.S. Department of Agriculture offices charged with distributing loans have frequently been found to deny Black farmers access to credit and to ignore or delay loan applications. Many Black farmers don’t have clear title to their land, which makes them ineligible for certain USDA loans to purchase livestock or cover the cost of planting, and they have seldom benefited from subsidy payments or trade mitigation compensation — almost all of President Donald Trump’s $28 billion bailout for those affected by the China trade war went to White farmers.

How many senators voted against the relief for farmers of color?

The relief for farmers of color did not go unchallenged in Congress, with 49 Republican senators voting against it.

What are the consequences of the USDA's own practices?

Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

Who introduced the Farmers of Color Act?

The framework for this part of the bill drew from the Emergency Relief for Farmers of Color Act, introduced by Sen. Raphael G. Warnock (D-Ga.) and joined by Democratic Sens. Cory Booker (N.J.), Ben Ray Luján (N.M.) and Debbie Stabenow (Mich.).

Did Pigford make black farmers whole?

The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

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