HEATH et al. v. TRANS UNION Settlement

Civil Action No. 3:18-cv-00720-JAG in United States District Court for the Eastern District of Virginia (Richmond Division)

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

AND RELEASE OF CLAIMS  

 

You may be eligible to receive a monetary payment. Continue reading to learn more.

 

BECAUSE YOUR TRANS UNION FILE REFLECTED AN INQUIRY THAT MAY HAVE RESULTED IN THE REPORTING OF INFORMATION RELATING TO A COLLECTION ACCOUNT WHERE THE LOAN WAS ORIGINALLY ISSUED BY CASHCALL OR WESTERN SKY, YOU ARE ENTITLED TO BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT.

This Notice informs you about a class action lawsuit and proposed settlement currently pending in the United States District Court for the Eastern District of Virginia is an action entitled Heath v. Trans Union, LLC, Case No. 3:18-cv-00720-JAG (“Lawsuit”). Without admitting liability, Trans Union LLC (“Trans Union”) has agreed to a settlement with the plaintiffs and the Settlement Class (“Settlement”). On August 6, 2019, Judge John A. Gibney, Jr. tentatively approved the Settlement in the Lawsuit. This Notice advises you of the benefits that are available to you under the proposed Settlement and your rights and options as a Settlement Class Member, and notifies you that a Final Approval Hearing will be held on December 3, 2019 at 10:00 a.m. to finally approve the Settlement.

  1. What are the allegations?

    1. On October 19, 2018, Plaintiffs Marsha Heath, Scott Rodgers, Robert Kemery, and Sean Lawrence filed this Lawsuit asserting a class-wide claim for monetary damages under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681e(b) and injunctive relief.  The Lawsuit contends that Trans Union impermissibly reported collection accounts on consumers’ Trans Union reports regarding accounts that were originated by CashCall or Western Sky, when such consumer resided in certain states that have laws that may make the CashCall or Western Sky loan void or unenforceable.

  2. Who are the Class Members?

    1. For purposes of settlement only, the Court preliminarily certified a Settlement Class defined as individuals identified by Trans Union, on or about July 2, 2019, as having inquiries on their file dated after October 12, 2016, with addresses in Alabama, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Idaho, Illinois, Kansas, Maryland, Minnesota, New York, Oregon, Rhode Island, South Dakota, Virginia, and West Virginia at the time of the inquiries, that may have returned tradeline detail about a collection account where the furnisher identified the loan as originally issued by CashCall or Western Sky.

       

       

  3. What does the Settlement provide? The Settlement has two components: monetary payments to Settlement Class Members and injunctive relief.

    1. Monetary Payments: Trans Union has agreed to pay five-hundred thousand dollars ($500,000) to settle the allegations in the Lawsuit (the “Settlement Amount”).

      Settlement Class Members with addresses in Alabama, Arizona, Arkansas, Connecticut, Florida, Georgia, Idaho, Illinois, Kansas, Maryland, Minnesota, New York, Oregon, Rhode Island, South Dakota, Virginia, and West Virginia, at the time of their inquiries, will each receive automatic payments of at least $100.00. These payments will be mailed automatically if the settlement is approved. These payments may be increased if there is a low claims rate by Settlement Class Members with addresses in California at the time of their inquiries, whose payments under the Settlement are capped at $100 as discussed immediately below.

      Settlement Class Members with addresses in California at the time of their inquiries can submit the claim form included with their notices, or available for submission online at www.heathfcrasettlement.com, in order to be eligible to receive up to $100. However, depending on how many Settlement Class Members with addresses in California at the time of their inquiries submit a claim, the amount could be lowered on a pro rata basis.

      Trans Union will also pay for the costs of notice, administration, attorney’s fees, and service awards to the named plaintiffs out of the Settlement Amount. Subject to the Court’s final approval, Marsha Heath, Scott Rodgers, Robert Kemery, and Sean Lawrence are entitled to an award of up to three thousand five hundred dollars ($3,500) each as a service award in recognition of the amount of time and effort that they expended in acting as class representatives.

      Injunctive Relief: Trans Union has agreed to make its best efforts to suppress collection accounts that it has identified as present on its database as of June 10, 2019, relating collection accounts where the furnisher identified the loan as originally issued by CashCall or Western Sky.

  4. What am I giving up?

    1. If the Settlement is finally approved, each Settlement Class Member who has not opted out of the Settlement Class will be deemed to have completely released Trans Union (and other Released Parties) from any and all claim that you may have based on its reporting of a collection account where the loan was originally issued by CashCall or Western Sky in alleged violation of the FCRA, or any state law equivalents. You may review the entire release in the Agreement, which you can find at www.heathfcrasettlement.com.

  5. What should I do if my address is different or I move?

    1. Please remember that you must immediately notify the Administrator of any change of address after you receive this Notice. You can contact the Administrator, www.heathfcrasettlement.com or update your information online at www.heathfcrasettlement.com

  6. Do I have a lawyer in this case?

    1. The Court decided that Kristi Kelly, Esq., Andrew J. Guzzo, Esq., and Casey Nash, Esq. with Kelly Guzzo, PLC of Kelly Guzzo, PLC and Matthew Wessler of Gupta Wessler are qualified to represent the Settlement Class Members. They are called “Class Counsel.” If you have questions, Ms. Kelly can be reached at 703-424-7570 or e-mail [email protected] Please reference the Heath Action.

  7. Can I get my own lawyer?

    1. You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you may hire one to represent you but it will be your responsibility to pay for your lawyer. For example, you can ask him or her to appear in Court for you, if you want someone other than Class Counsel to speak for you.

  8. How will the lawyers be paid?

    1. Class Counsel will be paid from any recovery or as otherwise allowed by the Court. Class Counsel has agreed to seek payment of fees and costs for no more than one-third of the Settlement Amount or one hundred and sixty-five thousand dollars ($165,000).