Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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 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
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
121 thoughts onCredit Reporting Agency Bankruptcy Discharge Class Action Settlement
I received a postcard in the mail with a pin # put in a claim, have not rec’d a check or anything it is now August 15 2018.
Appealed May 7, 2018
Posted on their website:
Important Update: the Court has not yet issued an order following the hearing on December 11, 2017. Any updates regarding the status of the settlement will be posted on this Settlement Website. Please visit the Settlement Website often to get the most up-to-date information.
Important Update: In an Order dated April 6, 2018, the Court granted the motions for final approval and attorneys’ fees and service awards. The Court’s Order is available for download from the Important Documents page. If the Court’s Order is not appealed, it will become effective once 30 days have elapsed. If the Order is appealed, it will not become final and effective until the appeal is exhausted.
What is the update now it is March.
It should not take this long to enter a verdict. TCA any updates?
I received a mass print letter in the mail not to long ago but apparently I’m not eligible now what do
It is now February…what is the update on the bankruptcy settlement case??
The court has not yet granted the settlement final approval.
Why have we not heard any new info on this case
Wonder if the FINAL HEARING this past Monday went as planned???
Maybe someday we will find out …
One week since final hearing was scheduled. Wonder what (if it) happened? Guess that the judge could have fallen off his bench during the preceding — we would not know here — we are just the class members.
Probably after the new year we may hear something … or maybe in 2019 … maybe …
The court has not yet granted the settlement final approval.
Still nothing
The settlement has not yet been granted final approval.
Add me
Is this the same lawsuit as White vs Experian that got thrown out after a final approval because of the lawyers misconduct? I sent everything in by mail for that one and don’t know if I need to duplicate it all again here or if it is still on file. I e-mailed the administrators and got a generic reply that did not answer any of my questions.