Smith v. Experian Information Solutions, Inc.

Case No. 8:17-cv-00629-CJC-AFM

UNITED STATE DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

UPDATE: On November 12, 2020, the Court granted final approval to the settlement. A copy of the order is available here. Settlement checks will be issued to eligible class members on or before December 4, 2020. Note that it may take 1-2 weeks after this date for you to receive your check, please be patient.

If you received notice that your Experian consumer report contained an account from CashCall, Inc. reflecting delinquency on a loan originated by Western Sky Financial, LLC on or after January 1, 2015, you are entitled to an automatic payment from a class action settlement.

Important Dates

October 14, 2020 — Exclusion Deadline.

October 14, 2020 — Objection Deadline.

November 9, 2020 — Final Approval Hearing. The hearing will be held in-person in Courtroom 9B, Ronald Reagan Federal Building, 411 W. 4th Street, Santa Ana, California at 1:30 p.m. Pacific Time.

The plaintiff in the case, Wanda Smith (“Plaintiff”), asserts that defendant Experian Information Solutions, Inc. (“Experian”) violated the Fair Credit Reporting Act by preparing consumer credit reports that were inaccurate because they included delinquent loan accounts from CashCall, Inc. (“CashCall”), a debt collector for loans originated by Western Sky Financial, LLC (“Western Sky”), on or after January 1, 2015. Plaintiff alleges that after Experian deleted all CashCall accounts from consumers’ credit reports in December 2014, Experian permitted a subset of those accounts to begin reporting again with inaccurate information.

Under the terms of the settlement, Experian has agreed to establish a $5,000,000 fund that will be used to pay class members. You do not need to file a claim or take any additional action in order to receive an automatic payment under this settlement.

The Notice may affect your rights. Please read it carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE

DO NOTHING

Automatically receive a settlement check for approximately $250.

EXCLUDE YOURSELF

You can exclude yourself from the settlement by informing the settlement administrator that you want to “opt-out” of the settlement. If the settlement becomes final, this is the only option that allows you to retain your rights to separately sue Experian for claims relating to a CashCall account. If you opt-out, you will not receive an automatic payment under this settlement.

For more detailed information, see FAQ 9.

October 14, 2020

OBJECT

You may object to the settlement by writing to the settlement administrator and explaining why you don’t think the settlement should be approved. If you object, you will remain a settlement class member, and if the settlement is approved, you will be eligible for the benefits of the settlement and give up your right to sue on certain claims described in the settlement agreement.

For more detailed information, see FAQ 10.

October 14, 2020

Please do not contact the Court or its Clerk.