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Early Warning Services has agreed to pay nearly $4 million to resolve allegations that they violated the Fair Credit Reporting Act in how they responded to consumer file requests.
There are two groups, or Classes, of consumers eligible for benefits under the settlement. The (b)(2) Class includes individuals who requested their file from Early Warning Services between March 7, 2016 and Feb. 21, 2020 and who received a “Summary File Disclosure.”
The (b)(3) Class includes individuals who requested their file from Early Warning Services between March 7, 2016 and Feb. 21, 2020 and whose file disclosure indicated that the company had a fraud record about the individual, despite the file disclosure not using the term “fraud.”
Plaintiff Shabani Stewart filed her Early Warning class action lawsuit in March 2018, claiming the company violated the FCRA by failing to provide accurate disclosures to consumers when they have fraud alerts on their account.
Stewart alleges that, in 2017, she was repeatedly denied the ability to open a bank account at several different banks. Allegedly, she was told that her denial stemmed from negative reporting by one or more consumer reporting agencies. Based on this, she sought her file from Early Warning Services in May 2017.
According to the Early Warning Services class action, Early Warning Services did not comply with her request. Instead of providing an accurate and true report, Early Warning reportedly provided Stewart with a report that scrubbed the term “fraud” from the disclosures.
Allegedly, Stewart’s true report contained a contribution from Bank of America for “checking account fraud.” Stewart maintains that she never committed fraud but, due to the false disclosure from Early Warning Services, was unable to dispute this record.
Stewart argues that this failure to “clearly and accurately disclose […] the complete contents of its file on her” violated the FCRA.
“Plaintiff was misled by EWS’s disclosure. Plaintiff specifically wanted to know if EWS had a record of her committing ‘fraud,’ in connection with her Bank of America account,” the Early Warning Services class action lawsuit claimed. “EWS had such a record, but failed to disclose it.”
Early Warning Services has not admitted any wrongdoing under FCRA or other laws, but has agreed to resolve the claims against them in a $3.975 million class action settlement.
Under the Early Warning FCRA class action settlement, members of the (b)(3) Class can collect payments of around $59. Although monetary payment is not available for members of the (b)(2) Class, these individuals will benefit from injunctive relief in the form of a process change.
The settlement requires Early Warning to provide a full disclosure of consumers’ file in response to their request.
The deadline for exclusion and objection to the settlement is May 11, 2020. The final approval hearing for the Early Warning FCRA settlement is June 22, 2020.
Who’s Eligible
The (b)(2) Class: Individuals who requested their file from Early Warning Services between March 7, 2016 and Feb. 21, 2020 and who received a “Summary File Disclosure.” This Class does not include individuals who had a record of a match in the Internal Fraud Prevention Service.
The (b)(3) Class: Individuals who requested their file from Early Warning Services between March 7, 2016 and Feb. 21, 2020 and whose file disclosure indicated that the company had a fraud record about you despite the file disclosure not using the term “fraud.”
Potential Award
Members of the (b)(3) Class can collect payments of around $59. Members of the (b)(2) Class will benefit from injunctive relief.
Proof of Purchase
N/A
Claim Form
There is no Claim Form for this settlement. Class Members with further questions can click here for more information.
Exclusion Deadline
5/11/2020
Case Name
Stewart, et al. v. Early Warning Services LLC, Case No. 2:18-cv-03277-CCC-SCM, in the U.S. District Court for the District of New Jersey
Final Hearing
6/22/2020
Settlement Website
Claims Administrator
Stewart v. Early Warning Services, LLC Settlement
c/o JND Legal Administration
PO Box 91365
Seattle, WA 98111
info@FileDisclosureFCRASettlement.com
1-888-964-1158 for (b)(2) Class
1-888-964-1154 for (b)(3) Class
Class Counsel
Gabriel Posner
POSNER LAW PLLC
Defense Counsel
Cindy D. Hanson
TROUTMAN SANDERS LLP
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215 thoughts onEarly Warning Services FCRA Class Action Settlement
I see what’s going on the numbers on the letter I received is not only disconnected but no response from the email either,
they sent out expired checks and as it states on the letter attached to the check – ” checks” will not be valid or re-issued after that date, however the date on the check is already expired by the time they sent them out.
ridiculous!
where does unclaimed money go?
I received my check recently but it’s expired? Who do we contact to get this corrected.
I never received my check
I did not get my check
Hello all, does this mean that we are able to open accounts with banks that have denied us due to being flagged by EWS?
i got mine too but it says expired already so there is no way to get a new check issued??/
Have you received an response about who to contact when the check you received is expired?
I received my check today but the date is no longer valid.
Hi can someone give me call back at 313-663-3310
I got mine too, is a $65.54, all I want to to know if this check is real, cause I don’t want to put it in my account than something pops up.