UPDATE: On August 6, 2010, the Court set a briefing schedule after receipt of Settling Plaintiffs’ Submission Complying with the Court’s Order Conditionally Granting Request for Second Notice, and Alternative Notice Proposal. The Court took this submission as a partial motion for reconsideration, and gave the Objecting Plaintiffs the opportunity to fully brief the issue. The Objecting Plaintiffs shall file any opposition to the motion by August 23, 2010. The Settling Plaintiffs and/or Defendants shall file any reply by August 30, 2010. This website will be updated as soon as more information is available.
Overview
There is a proposed settlement with TransUnion LLC, Experian Information Solutions, Inc., and Equifax Information Services LLC ("Defendants") in a class action lawsuit about whether they violated the Fair Credit Reporting Act ("FCRA") and state laws when reporting debts that had been discharged in bankruptcy as not discharged, whether Defendants conducted proper investigations of consumer disputes regarding such debts, and whether consumers were damaged as a result. The Settlement will provide payments of damage awards from a $45 million settlement fund. If you qualify, you may send in a claim form to get benefits, or you can exclude yourself from the Settlement, or object to it.
The lawsuit alleges that the Defendants violated the FCRA and related state laws by incorrectly reporting debts discharged in bankruptcy on credit reports. The Court did not decide which side was right. But both sides agreed to the Settlement to resolve the case and get benefits to customers.
Before any money is paid, the United States District Court for the Central District of California ("the Court") will have a hearing to decide whether to approve the Settlement.
Who Is Included in the Settlement Class?
You are a Class Member eligible for benefits if you received a Chapter 7 Bankruptcy order of discharge and you have had a credit report issued by a Defendant 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) that contained debts, accounts, judgments, or other obligations discharged in your bankruptcy that were not reported as discharged.
How Do You Ask for a Payment?
To make a claim, you must have submitted a Claim Form postmarked or submitted online no later than November 30, 2009.
What Are Your Other Options?
If you did not want to be legally bound by the Settlement, then you must have excluded yourself or objected to the Settlement no later than November 30, 2009.
Final Fairness Hearing
The Court heard from the Parties again on May 20, 2010, and directed Plaintiffs to submit additional briefing. This website will be updated as soon as more information is available.
| Date | Case-Related Event |
|---|---|
| November 30, 2009 [Expired] |
Request for Exclusion/Opt Out Deadline (postmarked) |
| November 30, 2009 [Expired] |
Objection Deadline (postmarked) |
| November 30, 2009 [Expired] |
Claim Form Deadline (postmarked or submitted online) |
| Continued to May 20, 2010 at 7:30 a.m. |
Final Fairness Hearing |