Class Eligibility

The Court decided that the Class includes all consumers who have received an order of discharge of Chapter 7 Bankruptcy and who, between March 15, 2002 and May 11, 2009 (or, for California residents in the case of TransUnion, between May 12, 2001 and May 11, 2009), had a credit report issued by a Defendant that contained debts, accounts, judgments or other obligations discharged in bankruptcy that were not reported as discharged in bankruptcy.

Estimated Amount

Varies

  • pay for damage award claims by consumers;
  • pay class counsel’s attorneys’ fees and their expenses;
  • pay a service award to each of the Class Representatives; and
  • pay the costs of notice and administering the settlement.

Proof of Purchase

Yes

Case Name

Hernandez, et al. v. Experian Information Solutions Inc., et al.,
Case No. 8:05-cv-01070,
District Court for the Central District of California, Southern Division

Case Summary

A class action lawsuit was brought in the United States District Court for the Central District of California and is known as Hernandez, et al. v. Experian Information Solutions, Inc., et al., No. 05-CV-1070 DOC (MLGx). The people who sued are called the “Plaintiffs,” and the companies they sued, Equifax Information Services LLC (“Equifax”), Experian Information Solutions, Inc. (“Experian”), and TransUnion LLC (“TransUnion”), are called the “Defendants.”

Plaintiffs allege that Defendants violated the Fair Credit Reporting Act (“FCRA”) and related state laws by failing to follow reasonable procedures to assure maximum possible accuracy in the reporting of debts discharged in bankruptcy and failing to properly reinvestigate disputes made by consumers regarding such debts. Plaintiffs allege that Defendants were erroneously reporting those kinds of debts as in collection or due and owing on their credit reports, when they should have been reported as included in bankruptcy, and that when consumers disputed such reporting, Defendants failed to properly reinvestigate such disputes. Plaintiffs allege in the lawsuit that a credit report contained an “error” if an account or judgment which was discharged in a Chapter 7 bankruptcy was reported with information indicating that such debt was due and owing. In the filed complaints against Defendants, Plaintiffs requested injunctive relief and actual, statutory, and punitive damages.

Defendants deny all of the Plaintiffs’ claims. Specifically, Defendants disagree with the allegations and say that they have defenses to Plaintiffs’ claims, that they are not liable to Plaintiffs, and that Plaintiffs are not entitled to any benefits from this litigation.

Settlement Pool

$36,800,000

Deadline

11/13/2017

Contact


Hernandez Settlement Administrator
c/o JND Legal Administration
P.O. Box 91306
Seattle, WA 98111
1-866-237-3432
info@BankruptcyDischargeSettlement.com

54 responses to “Credit Reporting Agencies Class Action Settlement”

  1. Tiffany White says:

    What will I need to send in as proof that I qualify for the settlement?

    ADMIN – Hi Tiffany,

    This is not a purchase related settlement. You provide your personal information and they will check that they failed to update your bankruptcy info

    • Wlliam says:

      I don’t understand this completely can somone please call me on this 702 -504-4040 thanks William A. Martin

      ADMIN – Hi William,

      We are unable to call you as we are simply like a newspaper of class action settlements.

  2. james biancrosso says:

    I filed BK in 2001 in orange county calif.

  3. A.M says:

    I filed Bankruptcy in 2001 things stayed on my even while I was in Bankruptcy

  4. Michelle Davis says:

    I just recieved this card in the mail, I been trying to reach out to you regarding this claim I would really appreciate it if I can speak to an live agent, my phone number is 973-641-5503, to better understand this claim my Name No: AA86ZEBB79, please feel free to contact me at anytime.

    ADMIN – Hi Michelle,

    Unfortunately we are not the class action administrators thus we are unable to call you back.

  5. Fool me once says:

    Interesting. Last message was dated today August 24,2017 @6:41 am. How is that even possible and it’s only 6:05est.

    ADMIN – Hi There,

    Have you heard of time zones?

  6. Kathleen L. says:

    Just got a card in the email and was wondering how much of a monetary award is possible and if this is some kind a scam to get my personal information; date of birth/social security number. Is this even worth bothering with? Is a substantial award even possible??? Thank you.

    ADMIN – Hi Kathleen,

    This is not a scam. You will not get a substantial award. You will get a little award. Because this relates to the credit reporting agencies they already have all your personal information. If they wanted to scam you the would have done so already.

  7. Lawrence says:

    I don`t leaving my social and date of birth on line. If they already have this information why do they need it again

    ADMIN – Hi Lawrence,

    If you opt not to file the pool will be divided among those who are perfectly happy sharing their social.

  8. Dave says:

    i think it is a scam. i got the card in the mail and it had an ID code one it plus addressed to me. if it is legit then you know who i am because..duh!.. you sent me the card. when i went online to submit a claim it asked me for the “Name No,” but auto filled nothing. so what was the point to a “Name No.” then you have to ask me everything ..name birth date address and SS#…sounds like a scam to me.

    ADMIN – Hi Dave,

    Just because something does not have autofill does not mean it is a scam.

    • Dave says:

      if they had enough info to send me the card then they have enough info to make the determination. all i should have to do is respond yes or no to the card. it would be no different than me saying hey admin..there was a class action lawsuit won against classactionrebates.com. send my you name, date of birth, address, and social security number an i will see if you qualify to benefit.oh, i need your bank account number as well. just send it all to my email….are you willing to take the chance? if so then just go ahead and send me your info!..doubt this will get posted.

      ADMIN – Hi Dave,

      I will post it just for kicks!!! 🙂 The class action administrators are regulated by the court system. Judges determine how much info is enough and how much info crosses the line.

  9. SHARON PETERS says:

    If we got a card our info is already available right? !!!! Are we already part of the lawsuit if we got a card?

    ADMIN – Hi Sharon,

    Does the card say you are or does it instruct you to file a claim?

  10. Wisdom is Power says:

    I received this card as well. Although it seems likely that such a case has been filed in court, I do not feel comfortable giving my personal information. I will call the state court and JND legal Administration to verify if this is legitimate.
    Thanks

    • Right on says:

      Please let me know what the response to your inquire is. No class action lawsuit I’ve ever participated in has requested a SS#.

      ADMIN – Hi Right on,

      I have seen at least three settlements in the last five years that have required ss#

  11. Dave says:

    See the documents pertaining to this lawsuit & settlement at:
    http://www.bankruptcydischargesettlement.com/documents

  12. Jody says:

    I just received the same post card, addressed to The Estate of my deceased husband, never received anything like this before will need to call the 1-866 number to get more information since he is no longer alive and using his social security # is no longer valid

  13. Jon says:

    On Page 4 what information is needed exactly, is it something that in direct result of the bankruptcy not being reported properly, like a denial of credit or is it information regarding what was included in the bankruptcy?

    ADMIN – Hi Jon,

    You can contact this email to ask

  14. Sharon Brower says:

    I believe that I was negatively impacted by the reporting on my credit report. However, it was years ago and I have no supporting documents. Do I have any recourse? thanks

    ADMIN – Hi Sharon,

    Please refer to class eligibility.

  15. Debbi says:

    We had filed bankruptcy many years ago, and we stayed under the radar for more than 10 years. We lived paycheck to paycheck with no credit cards or loans because of the bankruptcy. After 10 or 11 years we had to start all over again. Not sure that this settlement is going to do any good by filing claim versus how much we had suffered and start our lives all over again.

    ADMIN – Hi Debbi,

    How are credit reporting agencies responsible for your bankruptcy?

    • Mr Rich Claiment says:

      The issue is not if credit reporting agency’s are responsible for anyone’s bankruptcy.
      This issue here is lack of security for confidential information to what appears to be a Law Firm in a class action suit.
      The problem is there IS NOT DIRECT CONTACT LISTED WITH A LIVE PERSON TO VALIDATE THIS IS NOT A SCAM!
      If you provide a means to contact the actual Law Firm, or the Court’s jurisdiction to verify the information than the legitimacy of this process can be determined.
      Your factual response will be appreciated.

      ADMIN – Hi Rich,

      If you go to the page and click on contact you will find the info you need.

      http://www.bankruptcydischargesettlement.com/contact

      As far as the firm representing this case their info is also on the official page:

      The Court appointed the Law Offices of: Michael A. Caddell, Caddell & Chapman; Michael W. Sobol, Lieff Cabraser Heimann & Bernstein LLP; James A. Francis, Francis & Mailman; Leonard A. Bennett, Consumer Litigation Associates, P.C.; F. Paul Bland and Arthur H. Bryant, Public Justice, P.C.; Charles Delbaum and Stuart T. Rossman, National Consumer Law Center; and Lee A. Sherman, Callahan, Thompson, Sherman & Caudill, LLP, as “Class Counsel” to represent you and other Class members.

      You can Google their phone numbers

      As for the Court, their info is also posted on the official page:

      Hernandez, et al. v. Experian Information Solutions Inc., et al., Case No. 8:05-cv-01070, in the U.S. District Court for the Central District of California, Southern Division

      You can check the dockets for the District Court for the Central District of California, This is easily accessible online.

  16. Freda says:

    I received the same post card in the mail yesterday and mine card says that I am a member of the settlement class, so does that mean that I am part of the settlement?

    ADMIN – Hi Freda,

    Generally speaking if you receive a post card indicating that you may be a member of a class action you should trust that they have already checked and consider you a potential member.

    • Charles says:

      Also, you will note that it says “You are a member of the settlement class (“Class”) if…..” which means you are a member if you meet the thereafter qualifications of the definition. That you meet the criteria does not mean the court automatically recognizes you as part of the “Class” because you have not yet filed a claim, only that you are a potential claimant. Due diligence on the validity of this or any other instance is prudent as always.

  17. Gloria Tackette says:

    How can I file a supporting document if it won’t let me “Choose file”?

    ADMIN – Hi Gloria,

    Try a different browser or send your documents via certified mail

  18. Carol says:

    Who gets the38.6 mil$ ,My post card states that the settlement does not provide any $ money benefits to class members,Is this just A ploy to pad the pockets of lawyers looking for money,I live on A very small fixed income,to the point that if I have extra bills to pay it takes my grocery money.Yes I HAD to file bankruptcy,I shared my pay check with my sick Mom and I lived on my credit cards ,After she passed away I was in A bind with what I owed.I hated to file and more than 10 years later it still makes me sick to thank about it.

    ADMIN – Hi Carol,

    Are you sure you are in the right settlement? This settlement does provide monetary compensation and it is listed as follows:

    In addition, Claimants may elect to receive a Monetary award or a Non-Monetary Award from the settlement:

    Non-Monetary Award

    Class members may submit a claim for a free file disclosure plus two free VantageScore Credit Scores. Class members who elect the free file disclosure and two free VantageScore Credit Scores may not also claim a Monetary Award. Class members who claim this benefit will receive an activation code by email within 30 days of the Settlement becoming final.

    Monetary Award

    If you opt to receive a Monetary Award, you may select one of two available options.

    Option 1 on the Claim Form is for a Convenience Award. The amount of this type of award will depend, in part, on the number of Class members who claim this benefit. The parties estimate that a Convenience Award under Option 1 will be $15–20, but it could be more or less.

    Option 2 on the Claim Form is for Class members who are able to certify that they suffered an adverse action or harm. Class members who make this certification must specify whether they believe they suffered this harm with respect to: a denial of employment; a mortgage loan or housing rental; and/or a credit card, auto loan, other credit that they applied for, or payment of a discharged debt to obtain credit. They must also state which month and year they believe this happened and provide documentation in support of their claim. The Settlement Administrator will verify these claims. Accepted claims will be paid according to the following schedule:

    Type of Claim Monetary Award
    A denial of employment you applied for $750.00
    A mortgage loan or a housing rental you sought $500.00
    A credit card, auto loan, or other credit applied for, or payment of a discharged debt to obtain credit $150.00

    Payment will be made only for the highest dollar category for which you qualify even if you qualify for two or three categories.

    More information about the benefits provided by the settlement is available in the Settlement Agreement.

  19. I smell a rat says:

    I smell a rat, scam on this one….first of all, I have never had a bankruptcy. Secondly, if you were who you say you were, there would be a direct phone number, contact person, and a physical address for people to look up. You are asking innocent people to provide their ssn, dob, and other information. The best thing to do is to contact the state court and judicial system. Hernandez, good one!

    ADMIN – Hi Smeller,

    This is the law firm representing this case if you want to give them a call http://www.caddellchapman.com

  20. Laurie says:

    Boy this seems like a scam. Wanting all personal information is scary these days. Please call me at 970 646 1548. Anyone that reads these email posts can call if they believe it’s a scam… what to do ugh!!!

    ADMIN – Hi Laurie,

    I am not the class action admin so I am unable to call you.

  21. Beverly Covington says:

    Contact your bankruptcy lawyer and ask them about it. I got one too for my dead husband.

    ADMIN – Hi Beverly,

    How will your dead husband be utilizing a bankruptcy lawyer?

  22. Maria says:

    I received a card as well to submit a form with my information. Why I can’t speak with a person on the phone instead I have to submit a form with personal information including date of birth and social security. Very weird?Sounds like a scam to take peoples information taking advantage of what already happened with equifax. Lots to think people

    ADMIN – Hi Maria,

    This case was resolved prior to the Equifax news. As far as taking advantage of the Equifax situation, those involved with the Equifax hack already have your info and are unlikely to ask for it.

  23. Albert Weltlin says:

    Hi Dave , Yes I filed bankruptcy I believe in 2004/2005 The era when lending laws were changed and government was able to garnishee my wages weekly instead of bi-monthly. Most were hospital bills as wife was diabetic. Had good insurance but so many different medical offices sent bills and couldn’t keep track of. after taking over $200 dollars weekly I was finally able to find lawyer who would accept payments.

  24. Jean says:

    How can we direct speak to someone? I got a card in the mail on yesterday not sure if it legit or not I will never put my ssn online how do I know this is a secure site iam confuse because if yall have this case number on file then yall should have everything yall need I think iam effect by the experian data breech

    ADMIN – Hi Jean,

    This is a real settlement. You can try contacting class counsel. Their info is in the long notice you received. As far as I know the only credit bureau experiencing a hack is Equifax. Is there something about Experian you know and I don’t?

  25. Jean says:

    Is this over seas time frame it morning here and evening were iam sending this message to just asking?

    ADMIN – Hi Jean,

    You are sending this message to the inter webs where time zones are irrelevant 🙂

  26. Jo says:

    After reading all the comments, I realize I am not the only one hesitant to provide personal information. With identity theft on the rise is such a risk. I have until November to decide. Thanks everyone for all the comments and concerns. You are not alone in your thoughts

  27. Tammt Agrue says:

    I filed in 1998

    ADMIN – Hi Tammy,

    Here is the class eligibility. Please read with care:
    The Court decided that the Class includes all consumers who have received an order of discharge of Chapter 7 Bankruptcy and who, between March 15, 2002 and May 11, 2009 (or, for California residents in the case of TransUnion, between May 12, 2001 and May 11, 2009), had a credit report issued by a Defendant that contained debts, accounts, judgments or other obligations discharged in bankruptcy that were not reported as discharged in bankruptcy.

  28. Tammt Agrue says:

    I got a post card that said to check

    ADMIN – Hi Tammy,

    Receiving a postcard usually means that you have a high chance of being part of the class. Consider filing.

  29. Carol says:

    I know I had things on my report but I do not have credit reports from that time frame. Is there a way to get copy of report from that time?

    ADMIN – Hi Carol,

    If you believe you are a class member by all means file. You cannot get a retroactive credit report. That is why financial advisors recommend that you print and keep a copy of your credit report every single year.

    • Gordon Bruce says:

      I received a card from you for this class action. I would like more information. I am a participant.
      I can be reached at my girlfriends email. Gordon Bruce my new address is: 8147 Troup Ave., #107, Kansas City, KS 66112. The address you had 7840 Everett #11 is an old address.

      She also should be listed in this class settlement. She had a previous bankruptcy in that time frame. Her name is Bettye Maddox New address: 7101 Cleveland Ave., KCK 66109

      ADMIN – Hi Gordon,

      You need to contact the class action administrator. If you scroll up you will find their info:

      Hernandez Settlement Administrator
      c/o JND Legal Administration
      P.O. Box 91306
      Seattle, WA 98111
      1-866-237-3432
      info@BankruptcyDischargeSettlement.com

  30. Addie James says:

    I am so angry right now , and where i am ,this class action settlement ,can not do justice for me me, i have lost every thing including my family ,three and a half hours away . what you get a few dollars and the Attorneys get it all . Nothing can change what has happen to me .After being scam out my home .could not rent a apartment . Come down here could not get a job , biggest car lot down here in this small ass town would not give you credit base on what was being reported than you get many letters saying denied people you never applied too. Things are still on my report when i filed in 2001 When they wanted to make sure i didn:t get credit they pulled my credit when ever they felt the need with me knowing Tried building my credit to get my life back making payments on time , out of no where come a bill i filed in bankruptcy 2001 along with the banks help .

    ADMIN – Hi Addie,

    I am sorry you have had a rough financial path. Hopefully it will get better.

  31. Lori S. says:

    I received the postcard, but feel it is a scam as well. Any bankruptcy would have all my personal information and I’m not comfortable putting my identity at risk for the potential of a $15-$20 award. I have participated in a number of class actions in the past, and have never had to provide all my info, particularly my social!

    Beware is all I can say to others.

    ADMIN – Hi Lori,

    I am pretty confident the settlement is not a scam. The claim process may be a bit overwhelming but the settlement is totally real.

  32. Roseann Randazzo says:

    The person I am writing is now on SSI & SSD will the effect their disability income if they file?

    ADMIN – Hi Roseann,

    I don’t believe class action settlements affect disability payments but it is best if you check with Social Security Administration.

  33. Leonard E Hougham says:

    I just filed a claim again in case lost in all these years. Leonard hougham 9F753EEFAA or old # WHE04277219. I resent forms and proof just now and site says not found! And erased plz someone call me 360 580 1926

    ADMIN – Hi Leonard,

    Please reach out to the class action admin directly. We at ClassActionRebates have no way to assist you on this matter.

  34. TheIDConnection says:

    I received a card for my mother – she passed away June 29th, 2017
    I’ve emailed 3 times and no one has gotten back to me!
    I’m beginning to think this is a scam!
    PS She did file BR years ago.

    Name No. 4DZ29842Z8

    ADMIN – Hi Monica,

    Consider escalating to class counsel. Bad customer service on the part of the class action administrator does not constitute a scam.

  35. Kimberly ann Holland says:

    I filed my claim when I got my card I have a unique ID number what does that mean and when will I know if I am entitled to anything

    ADMIN – Hi Kimberly,

    After you file a claim you wait for the deadline to pass and the fairness hearing to take place. Then you wait for appeals to clear. When and if everything clears they will send you a check.

  36. Dan Davis says:

    It has been just a few days short of 1 month since the proposed settlement approval hearing took place on December 11th 2018. No updates so far. How long does it normally take the courts to make a decision?

    ADMIN – Hi Dan,

    It varies from case to case but basically the judge is leaving a window to allow for updates.

  37. Thomas E Labrum says:

    How long does it take for the settlement to happen?

    ADMIN – Hi Thomas,

    It can take from months to years depending on the number and complexity of the appeals submitted.

  38. jill smith says:

    When will receive our money and will it be more than $20?

    ADMIN – Hi Jill,

    Contact the admin directly to obtain details. Their info is posted above.

  39. Front Desk Chick says:

    I am a class action member. This is not a scam. This is a legal proceeding in the State of California and you can check it Case No. 8:05-cv-01070. Of course you should be cautious of providing your SSN and DOB, but educate yourself so your fear can be warranted or not. I was in the original class action and was able to talk directly to someone at the law firm, when the case was still new and they were still reaching out to bankruptcy clients. I sent, by regular mail, per instructions on the CARD, all my proof, letters of credit rejection, job loss, due to items on my credit report that should have been removed when I filed bankruptcy. Use the website and the email provided (ON YOUR CARD). I may get $15 or I may get $750.00 or I may just get a free credit report. READ THE DARN CARD people. I see a bunch of laziness up in here. And the AARP Rip Off Report link someone posted saying this is an old scam…the AARP link says: IT IS NOT A SCAM..jeeez. LOL @ Admin “Have you heard of time zones?” So, we’re all in the same boat, waiting for the court to issue the order from the 12/11/2017 meeting. Hope that helps someone.

    ADMIN – Hi FDC,

    What time zones? Where? The only time that mattes is mine.

  40. Front Desk Chick says:

    Update!!! Thought I would post this new information about this class action….
    Case 8:05-cv-01070-DOC-MLG Document 1135 Filed 04/06/18 Page 1 of 48 Page ID #:23975
    IN THE UNITED STATES DISTRICT COURT
    FOR THE CENTRAL DISTRICT OF CALIFORNIA
    SOUTHERN DIVISION
    Important Update: In an Order dated April 6, 2018, the Court granted the motions for final approval and attorneys’ fees and service awards. The Court’s Order is available for download from the Important Documents page. If the Court’s Order is not appealed, it will become effective once 30 days have elapsed. If the Order is appealed, it will not become final and effective until the appeal is exhausted.

  41. Maria Brothers says:

    YET ANOTHER DELAY AND STALL TACTIC FROM THE DEFENDANTS:

    Important Update: On May 7, 2018, a notice was filed to appeal the Court’s April 6, 2018, order granting the motions for final approval and attorneys’ fees and service awards. Until the appeal has been resolved, the settlement will be on hold, and no benefits distribution can take place. Please check the Settlement Website regularly for information about the status of the settlement.

  42. Eric says:

    Maria-

    It wasn’t the Defendants who appealed. It was the Plaintiffs who appealed.

    You can see the appeal here: http://www.bankruptcydischargesettlement.com/admin/services/connectedapps.cms.extensions/1.0.0.0/asset?id=e05c9118-96b2-4584-911f-5642df77fc52&inline=true

  43. Dan Davis says:

    I have read that depending on the circumstances, most class action lawsuits take 1 to 3 years to settle. Others like the 1989 Exxon Valdez took nearly 20 years before class members started receiving settlement payments. This class action lawsuit has been ongoing for the better part of a decade and it goes on and on and on.

  44. Betty Reynolds says:

    I received the post card with the name no. A9E62C922E I did not submit a claim because the card stated that if I do nothing my convenience award will be deemed re-submitted in this settlement so does it mean that I will still be included in the settlement to receive a benefit I did not amend the claim cause I did not have any supporting documentation.

    ADMIN – Hi Betty,

    Reach out to the class action administrator for clarification.

  45. Barry says:

    You can bet the lawyers involved on both sides will continue to milk this cash cow for all it’s worth, for maybe a few more years on top of those since the case was first filed. What a shame for us poor schmos just wanting our measly little pittance while the ******s continue to feed at the trough 🙁

    ADMIN – Hi Barry,

    I don’t think there is malice in the process. It takes time and it is painful but eventually you will get something.

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