IMPORTANT UPDATE: On April 22, 2013 (and amended on May 2, 2013), the Court of Appeals filed an opinion reversing the district court’s approval of the settlement of the class action.

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.

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") must approve the Settlement.

Who Is Included in the Settlement Class?

The Settlement Class includes consumers who received a Chapter 7 Bankruptcy order of discharge and 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 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?

On February 4, 2011, the Court ordered that Supplemental Notices be issued to timely Convenience Award Claimants, Actual Damage Award Claimants, opt-outs and objectors who filed by the November 30, 2009 deadline. These Supplemental Notices were mailed to qualifying individuals on February 15, 2011. The deadline to opt out of (request for exclusion) or object to the Settlement was extended for Settlement Class Members who were mailed a Supplemental Notice. Responses from qualifying timely Convenience Award Claimants, Actual Damage Award Claimants, opt outs and objectors must have been postmarked by March 31, 2011.

Final Fairness Hearing

The Fairness Hearing for the proposed settlement was held on May 26, 2011. On July 20, 2011, the Final Approval Order was entered. More information can be found on the Court Documents page.

Please note the following important dates:
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)
Held on May 26, 2011
[Approved]
Final Fairness Hearing
EXTENDED DEADLINES FOR SETTLEMENT CLASS MEMBERS WHO WERE SENT SUPPLEMENTAL NOTICE, AND ARE QUALIFYING TIMELY CONVENIENCE AWARD CLAIMANTS, ACTUAL DAMAGE AWARD CLAIMANTS, OPT OUTS AND OBJECTORS
Date Case-Related Event
March 31, 2011
[Expired]
Extended — Request for Exclusion/Opt Out Deadline for Qualifying TIMELY Convenience Award Claimants, Actual Damage Award Claimants, Opt Outs and Objectors (postmarked)
March 31, 2011
[Expired]
Extended — Objection Deadline for Qualifying TIMELY Convenience Award Claimants, Actual Damage Award Claimants, Opt Outs and Objectors (postmarked)
March 31, 2011
[Expired]
Additional Claimant Information Form and Additional Documentation Deadline for Qualifying TIMELY Actual Damage Award Claimants, Opt Outs and Objectors (postmarked or submitted online)
March 31, 2011
[Expired]
Convenience Award Claim Form Deadline for Qualifying TIMELY Opt Outs and Objectors (postmarked or submitted online)