Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.
This settles a consolidated class action alleging that the major credit reporting agencies—Equifax, Experian, and TransUnion—violated the Fair Credit Reporting Act (FCRA) as well as state laws when reporting debts discharged in bankruptcy. The complaint claimed that the agencies did not put in place reasonable procedures to ensure accuracy when reporting debts that had been discharged in bankruptcy, and instead showed the debts as in collection or still owing. It also claimed that, when consumers disputed these reports, the companies did not conduct proper investigations.
In April 2009, a settlement was reached between the agencies and some plaintiffs in a case that has been consolidated with this class action. The settlement was granted final approval but was vacated on appeal. The parties have now reached this new settlement.Docket Number:
05-CV-1070 DOC (MLGx)
Filing Deadline: November 13, 2017
Class Period: May 12, 2001 to May 11, 2009
Objection Deadline: November 13, 2017
Exclusion Deadline: November 13, 2017
Final Approval Hearing: November 13, 2017Proof of Purchase:
Maybe. If you submitted a valid claim form for the 2009 settlement, you will be considered to have submitted a claim for a Monetary Award; if you did not submit a claim form then, or if you wish to claim a different award, you must submit a new claim form. If you want Option 2 of the Monetary Award, you must provide proof of the harm suffered.Eligibility:
You may be eligible if:
- You are a consumer who received an order of discharge of Chapter 7 bankruptcy and
- 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), one of the three defendants issued a credit report on you, and
- The credit report contained debts or other obligations that were discharged in the bankruptcy but were not reported as discharged in bankruptcy.
If you previously released all claims against the agencies, you are not eligible.Typical Settlement Amount:
Varies; you may apply for a Non-Monetary Award or either of two different Monetary Awards. The Non-Monetary Award will include two free VantageScore credit scores and one free consumer report. The amount of Option 1 Monetary Award, for inconvenience, will depend on the number of persons who request this benefit, but it is estimated at $15-20. The Option 2 Monetary Award is for those who believe th
Total Settlement Amount: $36.8 millionClass Representative Proposed Incentive Fee:
Caddel and Chapman
Lieff Cabraser Heimann & Bernstein
Claim Form: Bankruptcy Discharge Settlement Claim Form
Case Name: Hernandez, et al. v. Experian Information Solutions, Inc., et al.
Settlement Website: Bankruptcy Discharge Settlement Website
JND Legal Administration
Hernandez Settlement Administrator
c/o JND Legal Administration
P.O. Box 91306
Seattle, WA 98111
1 (866) 237-3432
firstname.lastname@example.orgTags: Discharged/invalid debts on credit report, FCRA, Failure to properly investigate/correct errors on credit report