Credit Reporting Agency Bankruptcy Discharge Class Action Settlement

UPDATE 5:

• Top Class Actions viewers reported this settlement paying out $13.99 in a second distribution as of Oct. 8, 2021.

UPDATE 4:

• On Oct. 10, 2020, Top Class Actions viewers started receiving checks in the mail from the credit reporting agency class action settlement worth as much as $750.
• Congratulations to everyone who filed a claim and got PAID!

UPDATE 3:

• As of June 8, 2020, the appeal to this Settlement was resolved.
• On Aug. 18, 2020, the court approved the motion to distribute settlement funds.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2:

• On May 7, 2018, an appeal to this settlement was filed.
• Claims will not be paid until all appeals are exhausted.
• We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE:

• The credit reporting agency bankruptcy discharge class action settlement was granted final approval April 6, 2018.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A settlement has been reached in a class action lawsuit alleging Equifax Information Services LLC, Experian Information Solutions Inc. and Transunion LLC violated the Fair Credit Reporting Act and various state laws by failing to take reasonable steps to ensure accuracy in reporting debts discharged in bankruptcy.

If you received an order of discharge of Chapter 7 Bankruptcy and you had a credit report issued by one or more of the defendants that contained debts, accounts, judgments or other obligations that had been discharged in bankruptcy but were not reported as such, you may be entitled to benefits from the FCRA class action settlement.

The plaintiffs allege the defendants erroneously reported debts that were discharged in bankruptcy and that they failed to properly reinvestigate customers’ disputes of these debts. According to the bankruptcy discharge class action lawsuit, the defendants erroneously reported these debts as in collection or due and owing, even though they should have included in bankruptcy.

When consumers disputed the credit reporting agencies’ reporting, the defendants failed to properly reinvestigate the disputes, according to the bankruptcy discharge class action lawsuit.

The defendants deny any wrongdoing but agreed to settle the FCRA class action lawsuit to avoid the burden and expense of ongoing litigation.

Under the terms of the proposed FCRA class action settlement, the defendants have agreed to provide consumer credit reporting services and provide an option for free credit scores and a free credit report or a cash payment to consumers who believe their credit reports were inaccurate.

A bankruptcy discharge class action settlement was previously reached for this same case in 2009, but the agreement was vacated on appeal by the 9th U.S. Circuit Court of Appeals. If you submitted a claim for the 2009 settlement, you do not need to submit another Claim Form unless you would like to choose a different award. If you excluded yourself from the 2009 class action settlement, you do not have to opt out again. If you would like to participate in the current settlement, you may do so simply by submitting a Claim Form.

Who’s Eligible

Class Members of the bankruptcy discharge class action settlement include: “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.”

NOTE: If you previously filed a claim for the 2009 class action settlement, you do not need to file another Claim Form for this settlement unless you would like to choose a different award.

Potential Award

Class Members will be able to access a Consumer Credit Reporting Assistance webpage for information about credit reports, credit scores, how to dispute inaccuracies on the credit reports, and how to track credit ratings and monitor improvements.

In addition, Class Members may elect to receive one of the following awards:

• Non-Monetary Award: Class Members who choose this option will be eligible for two free VantageScore Credit Scores and a free file disclosure.
• Monetary Award: Class Members who choose this option may elect to receive a Convenience Award (it is estimated that this payment will be $15-$20, but the amount depends on the total number of claims filed) or an Actual Damages Award. To qualify for the Actual Damages Award, the Class Member must be able to certify they suffered an adverse action or harm, such as a denial of employment, credit card, mortgage loan, home loan, housing rental or other credit applied for (payment may range from $150-$750, depending on the type of claim).

Proof of Purchase

N/A. However, Class Members who are making a monetary claim for an Actual Damages Award must submit supporting documentation. Please follow the instructions on the Claim Form carefully to prevent your claim from being denied.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

11/13/2017

Case Name

Hernandez, et al. v. Experian Information Solutions Inc., et al., Case No. 8:05-cv-01070, in the U.S. District Court for the Central District of California, Southern Division

Final Hearing

12/11/2017

Settlement Website

www.BankruptcyDischargeSettlement.com

Claims Administrator

Hernandez Settlement Administrator
c/o JND Legal Administration
P.O. Box 91306
Seattle, WA 98111
1-866-237-3432
info@BankruptcyDischargeSettlement.com

Class Counsel

Michael W. Sobol
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Michael A. Caddell
CADDELL & CHAPMAN

James A. Francis,
FRANCIS & MAILMAN

Leonard A. Bennett,
CONSUMER LITIGATION ASSOCIATES PC

F. Paul Bland
Arthur H. Bryant
PUBLIC JUSTICE PC

Charles Delbaum
Stuart T. Rossman
NATIONAL CONSUMER LAW CENTER

Lee A. Sherman,
CALLAHAN THOMPSON SHERMAN & CAUDILL LLP

Defense Counsel

Counsel for Experian:
Daniel J. McLoon
JONES DAY

Counsel for Equifax:
Cindy D. Hanson
TROUTMAN SANDERS LLP

Counsel for TransUnion:
Julia B. Strickland
Stephen J. Newman
STROOCK & STROOCK & LAVAN LLP