If the proposed (b)(2) Settlement is finally approved by the Court, then you will be giving up the right to file a lawsuit against the Defendant for statutory or punitive money damages relating to any violation of FCRA § 1681g (and any FCRA State Equivalent) and all claims based upon or related to the content, form, manner, or nature of the consumer disclosures provided in response to a consumer’s request for the contents of the consumer’s file. This means you cannot seek, or continue to seek, statutory or punitive damages based on any of the Defendant’s alleged violations of the FCRA § 1681g (and any FCRA State Equivalent) or any claim based upon or related to the content, form, manner, or nature of the consumer disclosures provided in response to a consumer’s request for the contents of the consumer’s file. You will be giving up all such claims, whether or not you know about them. However, the (b)(2) Settlement does not release any claims you may have for actual damages against the Defendant.
(b)(2) Settlement Class Members also waive their right to pursue, in the future, any claims, liabilities, proceedings, or relief against Defendant and the released parties using the class action procedural device, as a mass action, private attorney general action or through any other non-individual mechanism, to the extent the claim, liability, proceeding, or relief alleges a violation of 15 U.S.C. § 1681g (or any FCRA State Equivalent) or is based upon or related to the content, form, manner or nature of consumer disclosures provided to the Class Member in response to his or her request to Defendant for the contents of his or her file.
The precise terms of the release and agreements are explained in the Settlement Agreement, which you can view on this settlement website under Important Documents.
The Court’s decision in this case will apply to you even if you object to the (b)(2) Settlement or have any other claim, lawsuit, or proceeding pending against the Defendant or any of the Released Parties relating to the same claims. If you have any questions about the release, then you can review this website for more information or consult with a lawyer. See Question 6 below for more information about seeking legal advice about the Settlement.