Credit Reporting Agencies Class Action Settlement
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.
- 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
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
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.