Hernandez, et al. v. Experian Information Solutions, Inc., et al.
Bankruptcy Discharge Settlement
05-CV-1070 DOC (MLGx)

Welcome to the Hernandez, et al. v. Experian Information
Solutions, Inc., et al.
Website

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 wish 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.

Option

Event

Deadline

Do Nothing

If you submitted a valid claim in, or opted out of, the 2009 Proposed Settlement, and did not wish to change your election, you did not need to take any action. Your submission will be treated as if it were submitted in this settlement. If you did not participate in or opt out of the 2009 Proposed Settlement, and did nothing before the deadlines indicated, you will not receive any payment in this settlement and will lose the right to sue or continue to sue based on any matter alleged in the complaints on file with the Court.

N/A

Submit a Claim

To participate in the settlement, or if you submitted a valid claim in the 2009 Proposed Settlement and wished to amend your claim, you needed to submit a fully completed Claim Form.

November 13, 2017
(Postmarked or online)
[Passed]

Opt Out

You could have excluded yourself from the settlement. If you excluded yourself, you will receive no benefits from the settlement but you will retain your rights to bring or continue to pursue your own lawsuit against the Defendants for the legal claims alleged in this case.

November 13, 2017
(Postmarked)
[Passed]

Object

You could have commented on the settlement if you did not like it or any part of it. To do so, you needed to send in a written objection.

November 13, 2017
(Received)
[Passed]

Attend the Final Approval Hearing

The Court has set a hearing on December 11, 2017 at 8:30 a.m. to decide whether the proposed settlement should be approved. If you submitted a timely objection to the proposed settlement, you could have asked to appear at the Final Approval Hearing, but you are not required to do so.

November 13, 2017
(Postmarked)
[Passed]

Further information on each of these options can be found in the FAQs.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Hernandez Settlement Administrator
c/o JND Legal Administration
P.O. Box 91306
Seattle, WA 98111