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Equifax Information Services LLC has agreed to settle a class action lawsuit that accused the company of violating the Fair Credit Reporting Act (FCRA) by providing consumer credit reports that did not properly identify the source of public record information.
If you received a consumer disclosure from Equifax that contained a public record, you may be entitled to benefits from this Equifax class action settlement.
Plaintiff James Jenkins, together with eight other plaintiffs, filed the FCRA class action lawsuit against Equifax in July 2015.
They accuse the credit reporting agency of misrepresenting the source of the public record information (such as bankruptcies, tax liens and civil judgments) it places on their consumer reports, a violation of FCRA.
According to the FCRA class action lawsuit, this misrepresentation makes it more difficult for consumers to correct any errors related to the public records.
The plaintiffs allege Equifax never actually retrieves public records from courthouses or government offices, but instead collects the information from private businesses.
“Nevertheless, on its credit reports that it provides to consumers, and which it calls ‘personal credit reports,’ Equifax falsely still lists the names and addresses of courthouses or other government offices as the true ‘source’ of its public records information,” the Equifax FCRA class action lawsuit asserts.
Equifax allegedly receives only a “distilled version” of the records from the vendors, and these records often have not been updated or contain errors, according to the Equifax class action lawsuit.
Equifax denies the allegations and maintains it never violated FCRA.
However, it has agreed to settle the FCRA class action lawsuit to avoid the expense and uncertainty of continued litigation.
The Equifax class action settlement was preliminarily approved on July 7, 2016.
If you would like to object to or exclude yourself from the Equifax settlement, you must do so no later than Sept. 28, 2016.
Who’s Eligible
Class Members of the Equifax settlement include: “All consumers in the United States who, from July 28, 2013 through April 14, 2016, received a credit file disclosure from Equifax containing a public record.”
Potential Award
Eighteen months of Equifax Credit Watch Gold with Scores credit monitoring services (valued at $269.10).
Proof of Purchase
N/A. To register your email address, click the link below.
Claim Form Deadline
N/A. Class Members who do not opt out of the Equifax settlement will automatically receive an activation code for free monitoring services. The code will be sent via email if the settlement becomes final.
Case Name
James Jenkins, et al. v. Equifax Information Services LLC, Case No. 3:15-cv-00443-MHL, in the U.S. District Court for the Eastern District of Virginia
Final Hearing
10/28/2016
UPDATE: On October 31, 2016, the court granted the Equifax FCRA settlement final approval. On November 25, 2016, two appeals to the settlement was filed. Claims will not be paid until the appeals are resolved. Top Class Actions will continue to provide updates as we learn more.
UPDATE 2: On July 25, 2017, the final appeal to the Equifax FCRA was dismissed. Let Top Class Actions know when you receive a code for free credit monitoring in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Jenkins v. Equifax Settlement Administrator
P.O. Box 43427
Providence, RI 02940-3427
(844) 312-5251
[email protected]
Class Counsel
Leonard A. Bennett
Matthew J. Erausquin
CONSUMER LITIGATION ASSOCIATES PC
Kristi Kelly
KELLY & CRANDALL
Jim Francis
FRANCIS & MAILMAN PC
Defense Counsel
Phyllis B. Sumner
KING & SPALDING LLP
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