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

Welcome to the (b)(3) 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 1-888-964-1154, 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 that 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.

In addition, the Plaintiff claims that members of the (b)(3) Settlement Class requested the contents of their files from EWS, and that EWS did not use the word “fraud” in disclosing Fraud Records in the disclosures it provided to these consumers.

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, Plaintiff Shabani Stewart and Defendant have reached a class settlement related to other allegations in the complaint. Specifically, Plaintiff also contends that 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 settlement of these other allegations is referred to as the “(b)(2) Settlement.”

Additional information about the lawsuit and important court documents may be found on the Important Documents and FAQs pages of this website.

 

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

You are a member of the (b)(3) Settlement Class and are affected by the settlement if you requested a copy of your file disclosure from the Defendant between March 7, 2016 and February 21, 2020, and if your resulting file disclosure indicated that the Defendant maintained a Fraud Record about you but the file disclosure did not use the term “Fraud.”

Specifically, for the purposes of settlement only, the Court has provisionally certified the (b)(3) Settlement Class defined as follows.

“(b)(3) Settlement 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 his or her file maintained by EWS, where EWS had, in such consumer’s file, at least one Fraud Record, where EWS in response to such request, provided a file disclosure to such consumer but where such file disclosure did not use the term “fraud.” Excluded from the (b)(3) 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.

Your Legal Rights and Options

Option and Deadline
Event
Do Nothing If the Court approves the settlement, a check in an amount of approximately $59 will be mailed to you. You do not need to submit a claim form or otherwise take any action.  You will also give up your right to object to the Settlement and you will not be able to be a part of any other lawsuit about the legal claims in this case.
Exclude Yourself

May 11, 2020 (postmarked)
(passed)
If you want to exclude yourself from this case, you must submit an opt-out form.  You will not receive any money.  Your request to exclude yourself from the settlement must be postmarked by May 11, 2020.  Opt-out forms must be submitted individually.  If you wish to receive money, then do not mail in the form.

If you exclude yourself, you remove yourself from participation in this class action and do not receive a benefit from this settlement.  However, you retain any right to file a separate lawsuit against the Defendant.  If you choose this option, it is important that you promptly speak to an attorney because of the time-sensitive nature of claims under the Fair Credit Reporting Act.
Object

May 11, 2020 (postmarked)
(passed)
You remain a class member, but 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