Welcome to the Hernandez, et al. v. Experian Information
Solutions, Inc., et al. Website
Important Update: Following the hearing on November 7, 2019, the Court issued a memorandum opinion confirming the District Court's finding that the settlement as a whole is fair, reasonable and adequate, and remanded the case to the District Court for further consideration. The Supreme Court denied a petition for certiorari on June 8, 2020, and the parties have made a joint proposal to the Court to resolve the remaining issues which, if accepted, would allow distribution of the funds within the next few months. Please check this website regularly for information about the status of the settlement.
A proposed settlement has been reached in a consolidated class action lawsuit in which plaintiffs allege that Equifax Information Services LLC, Experian Information Solutions, Inc., and TransUnion LLC (“Defendants”) violated the Fair Credit Reporting Act (“FCRA”) and state laws by failing to employ reasonable procedures to assure maximum possible accuracy in reporting debts discharged in bankruptcy or by failing to properly investigate disputes from consumers regarding such debts. Defendants deny these allegations or any wrongdoing.
Who is included?
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.
What does the settlement provide?
All Class members may access the Consumer Credit Reporting Assistance page, which contains information regarding credit reports, credit scores, and how Class members can dispute any inaccuracies on their credit reports and use their settlement benefits to track their credit ratings and monitor improvements, by clicking on the button below:
The settlement will make available to all Class members two free VantageScore Credit Scores and one free consumer report. The settlement will also establish a Fund including at least $36.8 million that will:
- 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.
More details on all of the settlement benefits are available in the Settlement Agreement, which can be obtained from the Important Documents page.
What are my options?
If you wished to participate in the settlement and did not submit a valid claim in the 2009 Proposed Settlement, you needed to submit a fully completed Claim Form. If you submitted a valid claim in the 2009 Proposed Settlement, you were not required to submit a Claim Form unless you wished to claim a different Monetary Award or choose a Non-Monetary Award. If you did not submit a Claim Form, you will be deemed to have submitted a claim for a Monetary Award corresponding to the election you made in the 2009 Proposed Settlement.
Similarly, if you opted out of the 2009 Proposed Settlement you did not have to opt out again, but if you now wished to participate, you were able to do so by submitting a Claim Form.
If you submitted a claim in the 2009 Proposed Settlement and have changed address, you can notify the Settlement Administrator of your new address using the Email Us form on the Contact Us page.