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One of the three major credit bureaus has agreed to an Experian Fair Credit Reporting Act class action settlement resolving plaintiffs’ claims that the company requested an unfair amount of information in order to process disputes.
According to the motion for approval of the FCRA class action settlement, it is alleged that Experian required that consumers submit their social security number as part of the dispute process. However, the class action attorneys argued that this was not part of the Fair Credit Reporting Act and was unnecessary if a consumer was able to provide other information that would help the company track down the records.
As a result, any of these more than 58,000 Class Members who opt in will be able to receive a number of benefits as a result of the prospective Experian class action settlement. For one, they will be able to take advantage of a credit monitoring service that allows them to unlimited copies of their credit report, alerts of new inquiries and newly opened the counts among others. In addition, Experian will offer all of these consumers a $2 million identity theft product guarantee to Class Members residing in every state except New York.
The FCRA class action settlement also requires that Experian do its utmost to ensure that when future disputes are filed, the company will not require a full Social Security number or any other additional information unless it cannot locate the consumer’s file or if the dispute is made online.
In addition, for the 90 days following the approval of the Experian class action settlement, Class Members will be able to take advantage of a dedicated dispute process via mail or phone number details of which will be released as part of the settlement notice if the agreement is approved.
One additional point that the plaintiffs’ counsel took special care to address was the very narrow nature of the Experian class action settlement. Class Members are only those who received a letter with a “paragraph 66” explained further in the settlement. In addition it “only releases the class members’ statutory and punitive damages claims and does not include a release of any claims for actual damages.” It allows people who seek damages for disputes regarding their credit reports numerous other legal remedies, according to the motion seeking approval.
The plaintiffs are represented by Casey S. Nash, Matthew J. Erausquin and Leonard A. Bennett of Consumer Litigation Associates PC.
The Experian Fair Credit Reporting Act Class Action Lawsuit is Gilbert James, et al. v. Experian Information Solutions Inc., Case No. 12-cv-00902, in the U.S. District Court for the Eastern District of Virginia.
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17 thoughts onExperian Fair Credit Reporting Act Class Action Settlement Announced
I had a protection for 7 years in 2012, from my ex-husband forging my name selling my house and forging my name on credit cards and recently I learned that ex-husband got power of attorneys over me without my knowing over me which allowed him to add his debt on mortgages without my knowing and I am suffering greatly an d having to pay 2 morrtgages which a lotof the debt is not my debt. Then I was notified in October 2013 that ex wrote a letter adding his personal information on my credit report without my knowing and this was after divorced, I was able to get ex-husband’s info off my credit report and get another 7 years protection, but I have asked for that evidence many times of the letter he wrote and still I am denied the evidence to protect myself and to seek help to protect myself of being harmed again and again by ex-husband. Is there anything I can do to protect myself and get the evidence to produce to authorities to stop ex from continually financially harming me. I need help and I don’t have money to hire an attorney so I don’t know what to do since I can’t get the evidence needed.
Is there some where I can check about this class action law suit, if am going to get some money out of this?? This law suit been going on since Nov of 2009. So can you help me????
After waiting so long are we going to get some money out of this settlement????
yes it about time that someone step up to them it thing on my report that should have been off year ago and every time I call or write them it the same lie. well now I bet they have to get it right now. I want in on did one here.
All three of the credit bureaus are full of crap. I blame the us government for allowing these agencies to exit. In the sixties and seventies you didn’t had to be concerned with those legalized robbers. Because of these agencies, we are subjected to rejection by businesses, insurance companies, higher interest rates, just because they hold records on the public that’s really none of their business. Especially for the people of color, it’s another form of salary (steal from us legally). I think we should demand that the government get rid of those agencies.
Included in that — some judges, some trustees, and some attorneys in eastern N.C. bankruptcy court
750 score ,but my sores is 650 all of my deputes ,they me that I had to prove my case ,its suppose to be up to them to to prove their case again suppose to have a , I got two 90 days late from bank of America and one collection from midland from a credit card that I never heard from and was rold that they were out of business, I was also told that the credit reporting company were patd to put this info on your report,help
I always submitted SSN on dispute. Never resolved.
To freeze my credit report, I had to submit my social security number. I desperately needed the freeze.
how do i file?
Can’t wait for this one. Experian is full of s***. This they have coming.
Does this action apply to me? Experian sends me credit reports, and they are
always denying me at businesses like when I apply for a new car when I have a good credit score. They always send a letter saying Experian denied me.
Thank you.