Privacy Policy

1. Who we are and what this covers

This policy explains how Aspen Holdings LLC, a California limited liability company doing business as Fund Capital America, FCA and FCA Policy Limits ("FCA," "we," "us") handles personal information when you visit fundcapitalamerica.com and related sites, apply for or refer legal funding, use our products and services, or contact us. It applies to Plaintiffs, Law Firms, Funders, Medical Providers, website visitors and others.

2. Information we collect

3. How we use information

We use information to carry out the services you, your attorney or your medical provider ask FCA to perform. When someone asks FCA for a financial product or service, we may use the information to look for it, from FCA where it offers it or from independent Funders and other providers, and to help them make and compare offers. We use information from a Policy Limits request for that request. If a law firm asks us to consider the matter for funding or another FCA service, we may use it for that purpose. We do not use it to market to the people the request is about.

• To review applications and referrals, verify identity and case information, and present cases to Funders and other providers;

• To make, administer, service and collect on fundings, including communicating with your attorney;

• To provide policy limits and other services, bill and collect;

• To prevent fraud and meet legal, tax and regulatory duties, including licensing and audits;

• To respond to you, provide support and keep records;

• To improve the website and measure marketing performance; and

• To follow up on products or services someone asked for, and to send other information about our services where the law allows and you have not opted out.

4. Who we share information with

We share information as needed to do what we are asked to do, including passing information between you, your attorney and Funders, with:

• Funders, including independent funding companies that review, bid on or fund a case, only as needed to make an offer. They must keep it confidential, use it only for that case, and not market to you except about that funding;

• Your attorney of record and, for referrals, the referring Law Firm;

• Service providers such as payment processors, identity-verification, records and research vendors, CRM, e-signature, email and text-message providers, cloud hosting and analytics providers, and similar vendors we use to run our business;

• Medical Providers you or your attorney choose to book with, only the information needed to make the appointment and for them to treat you;

• Advisers, auditors and regulators, and others as required by law, subpoena or court order; and

• A buyer or successor if FCA's business is sold or reorganized, subject to this policy.

We receive information from you, your attorney and others and pass it along as given; we do not verify it (Master Terms, Section 3.3).

5. Cookies, trackers and advertising

Our website uses cookies and similar technologies, including those listed below and similar tools we may add. They may send your IP address, device identifiers and page-view information to those providers.

You can control trackers through the cookie banner and your browser settings. Blocking trackers may affect website functionality. We may also use information you give us to contact you and to advertise and market FCA's products and services, where the law allows. You can opt out of marketing messages at any time by following the instructions in the message or contacting us.

6. Sensitive information

We use sensitive information, such as health-related details in a case file, to evaluate, fund, refer and administer a case, provide the services requested, and meet legal duties. Where the law requires your consent to use it for other purposes, we ask for it.

7. How long we keep it

We keep application and funded-case records for seven (7) years after the matter closes, policy limits request records and other service records for 24 months after completion, and call recordings for 24 months, unless the law or a dispute requires longer. We then delete or de-identify them.

8. Security

We use administrative, technical and physical safeguards, including encryption in transit, access limits and vendor review. No system is completely secure. If a breach affects you, we will notify you as the law requires.

9. Your privacy choices and rights

Depending on where you live, you may have the right to know what we collect and how it is used and shared, access a copy, correct inaccurate information, delete personal information (subject to legal exceptions, such as a funded-case record we must keep), opt out of sharing for cross-context behavioral advertising, limit use of sensitive personal information, and not be treated differently for using these rights. To make a request, email info@fundcapitalamerica.com, call (855) 870-2274, or use our request form. We will verify your identity and respond within 45 days, with one 45-day extension where allowed. You may use an authorized agent. If we deny a request, you may appeal by replying to our response.

10. Electronic Communications Consent and E-SIGN Disclosure

10.1 Consent to electronic records. By agreeing, you consent to receive disclosures, agreements, notices and statements electronically, including by email, the portal and text link, and to sign documents electronically. This consent covers these terms, funding-related disclosures, invoices and account statements.

10.2 Your rights. You may ask for a paper copy at no charge, withdraw this consent at any time by contacting us (which may delay or end the transaction), and update your contact information through the portal or by email. You need a device with internet access, a current browser, a valid email address and the ability to view PDF files.

10.3 Calls and text messages. If you give your phone number, we may call or text you about your application, account or request. Message frequency varies and message and data rates may apply. Reply STOP to opt out and HELP for help. Marketing texts require separate written consent, which is never a condition of any service or funding. We do not share text-message opt-in data or consent with third parties for their marketing. Calls may be recorded or monitored, and we will tell you at the start of the call.

11. Children

Our services are for adults. We do not knowingly collect information from anyone under 18, except as part of a case filed by or for a minor through an attorney.

12. Third-party sites

Our site may link to other sites, including FCA MedConnect and partner sites. They have their own privacy policies and we are not responsible for them.

13. Changes

We will post changes here with a new date and, for material changes, tell you by email or a notice on our website.

14. Contact us

Aspen Holdings LLC, doing business as Fund Capital America, 1033 Gayley Ave, Suite 113, Los Angeles, CA 90024. Email: info@fundcapitalamerica.com. Phone: (855) 870-2274.

Other terms

• Master Terms
• Cash Advances
• Policy Limits
• Investigations
• Medical Records
• Language Services
• Medical Legal Funding and MedConnect
• Legal Funding for Attorneys

Questions: info@fundcapitalamerica.com or (855) 870-2274, Monday to Sunday, 8:00 AM to 6:30 PM Pacific.