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RANDOM PARTS of the WHITE v EQUIFAX BANKRUPTCY SETTLEMENT

RANDOM PARTS of the WHITE v EQUIFAX BANKRUPTCY SETTLEMENT

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Published by Van Der Kok
This had to do with EQUIFAX (as well as transunion & experian, all "big three" credit reporting companies) wrongly reporting bankruptcy history on consumers credit reports so that when you applied for a credit card, for employment, bank account, or other applications, whoever ran your credit report might wrongly think bad things about you based on a bankruptcy or even possibly a wrongly reported bankruptcy. It could have even had a negative impact on you NOT getting hired for a job, or not getting a credit card, or not being given the opportunity to open a bank account. Anybody effected should have received a class-action settlement notification and the opportunity to provide your information and receive part of the settlement ranging from $35 dollars to $1000 or more, depending on how many victims are included in the final tally. March 31, 2011 is the deadline if you did or did not receive a notice.
This had to do with EQUIFAX (as well as transunion & experian, all "big three" credit reporting companies) wrongly reporting bankruptcy history on consumers credit reports so that when you applied for a credit card, for employment, bank account, or other applications, whoever ran your credit report might wrongly think bad things about you based on a bankruptcy or even possibly a wrongly reported bankruptcy. It could have even had a negative impact on you NOT getting hired for a job, or not getting a credit card, or not being given the opportunity to open a bank account. Anybody effected should have received a class-action settlement notification and the opportunity to provide your information and receive part of the settlement ranging from $35 dollars to $1000 or more, depending on how many victims are included in the final tally. March 31, 2011 is the deadline if you did or did not receive a notice.

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Published by: Van Der Kok on Mar 26, 2011
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03/20/2013

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809477.3
 SETTLEMENT AGREEMENT ANDRELEASE
Michael W. Sobol (State Bar No. 194857)(msobol@lchb.com)Allison Elgart (State Bar No. 241901)(aelgart@lchb.com)LIEFF, CABRASER, HEIMANN &BERNSTEIN, LLP275 Battery Street, 30
th
Floor San Francisco, CA 94111-3339Telephone: (415) 956-1000Facsimile: (415) 956-1008Michael A. Caddell (State Bar No. 249469)(mac@caddelchapman.com)Cynthia B. Chapman (State Bar No. 164471)(cbc@caddellchapman.com)George Y. Niño (State Bar No. 146623)(gyn@caddellchapman.com)CADDELL & CHAPMAN1331 Lamar, Suite 1070Houston, TX 77010Telephone: (713) 751-0400Facsimile: (713) 751-0906ATTORNEYS FOR PLAINTIFFSAdditional counsel and parties listed onsignature pages
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIASOUTHERN DIVISION
TERRI N. WHITE, et al.,Plaintiffs,v.EXPERIAN INFORMATIONSOLUTIONS, INC.,Defendant.Case No. 05-cv-1070 DOC (MLGx)(Lead Case)AND RELATED CASES05-cv-1073, 05-cv-7821, 06-cv-3924,05-cv-1172, 06-cv-5060
SETTLEMENT AGREEMENTAND RELEASE
JUDGE: DAVID O. CARTER and RELATED CASES
Case 8:05-cv-01070-DOC-MLG Document 384 Filed 04/24/2009 Page 7 of 85
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1
SETTLEMENT AGREEMENT ANDRELEASE
SETTLEMENT AGREEMENT AND RELEASEThis Settlement Agreement and Release (“Settlement Agreement”) is madeand entered into by and between (1) Plaintiffs, individually and as representativesof the 23(b)(3) Settlement Class as defined below; (2) Equifax Information ServicesLLC (“Equifax”); (3) Experian Information Solutions, Inc. (“Experian”); and (4)TransUnion LLC (“TransUnion”). Equifax, Experian and TransUnion arecollectively referred to as the “Defendants.” Plaintiffs and Defendants arecollectively referred to herein as the “Parties.” This Settlement Agreement isintended by the Parties to fully, finally, and forever resolve, discharge, and settle allreleased rights and claims, to the extent set forth below, subject to the terms andconditions set forth herein.RECITALSA. WHEREAS, on or about October 3, 2005, plaintiff Jose Hernandezfiled an action against Defendants in the United States District Court for theNorthern District of California, in which he asserted claims on behalf of a putativenationwide class of consumers relating to each of Defendants’ procedures for reporting pre-bankruptcy debts of consumers who have obtained discharges throughChapter 7 bankruptcy proceedings;B. WHEREAS, on or about November 2, 2005, plaintiff Terri N. Whitefiled separate actions
1
against each of the Defendants in this District, in which sheasserted claims on behalf of a putative nationwide class of consumers relating toeach of Defendant’s procedures for reporting and reinvestigating pre-bankruptcydebts of consumers who have obtained discharges through Chapter 7 bankruptcyproceedings;
1
The original named plaintiffs in the action against Equifax were Terri N.White, Robert Radcliffe, Chester Carter, and Milagros Gabrillo. The originalnamed plaintiffs in the action against Experian were Terri N. White, RobertRadcliffe, Chester Carter, and Arnold E. Lovell, Jr. The original named plaintiffsin the action against TransUnion were Terri N. White, Robert Radcliffe, Chester Carter, and Maria Falcon.
Case 8:05-cv-01070-DOC-MLG Document 384 Filed 04/24/2009 Page 8 of 85
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- 2 -
SETTLEMENT AGREEMENT ANDRELEASE
C. WHEREAS, on or about August 11, 2006, plaintiff Jose Hernandezand the White plaintiffs filed three separate Second Amended Consolidated ClassAction Complaints
2
, one against each Defendant (“Second Amended Complaints”),in which they assert claims for (i) willful and/or negligent violation of Section1681e(b) of the FCRA, and its CCRAA counterpart, California Civil Code Section1785.14(b), for failure to maintain reasonable procedures to assure maximumpossible accuracy; (ii) willful and/or negligent violation of Section 1681i of theFCRA and its California counterpart, Cal. Civ. Code Section 1785.16, for failure toreasonably investigate consumer disputes regarding the status of the dischargedaccounts; and (iii) violation of California’s Unfair Competition law, Bus. & Prof.Code section 17200, et seq.;D. WHEREAS, in or around September 2006, Defendants answered thevarious Second Amended Complaints, denying the allegations therein, denying thatthe actions are suitable for certification pursuant to Federal Rule of Civil Procedure23, asserting affirmative defenses that Defendants contend are meritoriousnotwithstanding their willingness to enter into this Settlement Agreement;E. WHEREAS, plaintiff Jose L. Acosta, Jr., filed an action againstTransUnion in California Superior Court on or around May 12, 2003, and later fileda new action against TransUnion in federal court on August 14, 2006 joined byplaintiffs Robert Randall and Bertram Robison,
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and plaintiff Kathryn Pike filed anaction in California Superior Court against Equifax on or around October 14, 2005,in which they also assert claims on behalf of a putative California class of consumers relating to TransUnion’s or Equifax’s procedures for reporting pre- 
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The Second Amended Complaints added two new plaintiffs: Clifton C.Seale, III, and Alex K. Gidi. On October 19, 2007, plaintiffs Terri N. White,Alex K. Gidi, and Milagros Gabrillo were dismissed by court order.
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Plaintiff Acosta has since been dismissed from the federal court action andhas dismissed his state court action.
Case 8:05-cv-01070-DOC-MLG Document 384 Filed 04/24/2009 Page 9 of 85
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