Stewart, et al. v. Early Warning Services, LLC Settlement
Civil Action No. 2:18-cv-03277-CCC-SCM

Welcome to the (b)(2) Stewart v. Early Warning Services, LLC Settlement Website

Important Update: 
Please be advised that the Final Fairness Hearing scheduled on June 22, 2020 will be held on the online platform, Zoom.

If you are a Settlement Class Member and would like to attend the Zoom conference, please send us an email, or leave a voicemail at 1-888-964-1158, stating that you would like to participate in the hearing through Zoom. In your request, please include your name, mailing address, phone number and email where you can be reached. We must receive your request by June 17, 2020. Upon verifying your membership of the Settlement Class, we will provide additional details on how to attend the hearing online.

What is this lawsuit about?

Shabani Stewart (the “Plaintiff”) claims the Defendant violated the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”) in connection with responding to consumer file disclosure requests. The Plaintiff contends EWS violated the FCRA by failing to provide, upon a consumer’s request, the complete contents of all information in the consumer’s file at the time of such request.

The Plaintiff asserts that members of the (b)(2) Settlement Class requested the contents of their files from EWS, and EWS responded by providing a “Summary File Disclosure” and provided members of the Settlement Class with the option to request a “Comprehensive File Disclosure,” that may have contained additional information.

EWS has denied all claims in the Lawsuit and contends that it acted lawfully and in compliance with the FCRA at all times. Despite denying liability and wrongdoing, EWS has decided it is in its best interest to settle the Lawsuit to avoid the burden, expense, risk, and uncertainty of continuing the Litigation.

In addition to the claim described above, the Plaintiff and EWS have reached a class settlement related to other allegations in the complaint. Specifically, Plaintiff also contends that EWS violated the FCRA by failing to use the term “Fraud” in a consumer’s file disclosure when a “Fraud Record” was reported by a financial institution with respect to that consumer. The settlement of these other allegations is referred to as the “(b)(3) Settlement.” 

 

How do I know if I am affected by the Settlement?

You are a member of the (b)(2) Settlement Class and are affected by the settlement if you requested a copy of your file disclosure from the Defendant on or after March 7, 2016 and on or before February 21, 2020, and if you received a “Summary File Disclosure.”

Specifically, for the purposes of settlement only, the Court has provisionally certified the following (b)(2) Settlement Class:

“(b)(2) Class” means all natural persons residing in the United States who, from March 7, 2016 through February 21, 2020, requested from EWS the contents of their file maintained by EWS, where in response thereto, EWS provided to such consumer a “Summary File Disclosure.” Excluded from the (b)(2) Settlement Class are individuals who have previously released his or her claims against EWS, who had a record of a match in the Internal Fraud Prevention Service and the Judge overseeing the Litigation.

Legal Rights and Options

Option and Deadline
Event
Do Nothing You do not have to do anything to benefit from the proposed Injunctive Relief Settlement.  If the (b)(2) Settlement is finally approved, you will not be able to sue EWS for statutory and punitive damages or on a class action basis in connection with the file disclosure EWS provided to you.  You retain your right to sue for actual damages. 
Go to a Hearing

June 22, 2020
Write to ask to speak to the Court about the fairness, reasonableness or adequacy of the settlement. The Final Fairness Hearing scheduled on June 22, 2020 will be held on the online platform, Zoom.
Object

May 11, 2020 (postmarked)
(passed)
If you want to object to this settlement, you may write to the Court about why you do not like it. Your objection must be postmarked by May 11, 2020.

For More Information

Visit this website often to get the most up-to-date information.

(B)(2) Toll-free
(B)(3) Toll-free
Mail
Stewart v. Early Warning Services, LLC Settlement
c/o JND Legal Administration
PO Box 91365
Seattle, WA 98111