Class actions
Monday, March 12, 2007
Questions about the Hillis v. Equifax + Fair Isaac class action settlement
Before I can even begin to work on the objections, I’d like to get answers to my questions:
1) How many member are in the class?
2) How many members are they expecting to request the 3 - 6 months free ScoreWatch service?
3) What is the expected COST to Equifax and Fair Isaac? How is the cost defined?
4) How many class members are expected to PAY for a continued subscription or other products? Why isn’t this considered nothing but a HUGE PROMOTION for Equifax and Fair Isaac?
5) Will class members have to provide credit card information to obtain the service?
Not according to the FAQ, but “somewhere” I saw something about members receiving a “customary” notice prior to charging the credit card.
What is the “customary notification” Equifax and Fair Isaac provide to customers prior to charging their credit cards for renewals?
Here is what Fair Isaac has to say in its TERMS for ScoreWatch:
9. Your Subscription; Automatic Renewal
Score Watch (the “Service") is provided to you (i) for an initial subscription period of 12 months or (ii) on a month-to-month basis. In either case, you may not cancel the Service at any time before the end of three full months. If you cancel a 12-month subscription to the Service early, and you have already paid for a full 12-month subscription, you will receive a pro rata refund for the remaining portion of the subscription period. If you cancel your month-to-month subscription, we will stop further charges to your credit card, but you will not receive a refund of any amounts already paid. If you do not exercise your right to cancel your subscription to the Service, it will be automatically renewed (in its then-current form) for successive additional periods of 12 months or one month, depending on your initial payment option, and we will charge your credit card for the then-current price of the Service (either one annual payment or continue your monthly payments). If you decide to cancel the Service after the first three months, you must send an email to and inform us of your decision. Please include your name, address, and daytime telephone number in the email.
If you are enrolled in the Service as part of a trial offer, the paragraph above will apply once your trial period expires. If you notify us prior to the trial offer expiration date that you wish to discontinue the Service, your Service will be cancelled and your credit card will not be charged. If you do not notify us prior to the expiration date, we will charge your credit card according to the applicable pricing option.
Can’t we just click on a CANCEL button online to end the subscription online? How DARE they demanding the consumers’ personal info that’s none of their damned business? I almost forgot, they’re a credit bureau and collector, especially those CURRENT phone numbers are extremely valuable to collectors and marketers.
According to the Fair Isaac terms, the subscriptions will be AUTOMATICALLY renewed.
From the FAQ
“The current retail value of Score Watch is approximately $7.95-8.95 per month.”
The current Fair Isaac ScoreWatch offer
And for the record, the SAVED 3-12-07-ScoreWatch page
Fair Isaac offers the first month free AND provides 2 free ScorePower reports ($15 value/each). While the page does not mention the free reports, from the TERMS:
“myFICO® Score Watch includes a Score Power® report that you will obtain at the time of registration, plus another Score Power® report that you may obtain at any time so long as your initial or any subsequent subscription to myFICO® Score Watch is in effect.”
Do the CLASS MEMBERS get the 2 free reports?
From the FAQ:
“There are no prerequisites to receiving your free Score Watch, a real value, other than completing and sending the Authentication Form. You will not have to purchase anything or provide credit card information. These months of Score Watch come with no strings attached. Score Watch is an offering offered for sale by both Equifax and Fair Isaac. It monitors a consumer’s Equifax credit file and FICO® score, and provides up to two Equifax Score Power reports. The current retail value of Score Watch is approximately $7.95-8.95 per month.”
“Up to” two free reports? What exactly do class members get?
Do members who qualify for 2 subscriptions get 4 ScorePower reports?
WHEN do members who currently subscribe to ScoreWatch get the settlement subscription?
As a current subscriber, can I CANCEL my subscription (which is probably annual, but I don’t know) and get the two 3-months subscriptions? I’m subscribing because I need a mortgage, but as soon as I have my permanent financing, I have NO use for ScoreWatch.
DISCOVERY
Assume for a moment that the attorneys did NOT file this lawsuit for their personal enrichment, but for the benefit of the class:
WHERE is the discovery? Not only do I need it to determine whether to opt out or not, but it should be available for the members of the class who want to file subsequent suits. After all, Fair Isaac STILL advertises the Suze Orman Kit TODAY:
“Everything in FICO Deluxe plus personalized credit coaching from Suze Orman”
I can’t believe that Fair Isaac has the NERVE to continue this FRAUD. And the class attorneys are either dumb as rocks or they think that WE are dumb as rocks and don’t notice that they accomplished nothing.
Which leads me to my last question for today:
Is the Orman fraud mentioned ANYWHERE in the lawsuit?
I’m going to be extremely busy the next few weeks, have to shorten my appeal brief from 74 to 45 pages, have a friend visiting next week, am building a house almost by myself and occasionally I do some paid work.
I’m going to submit the questions *we* (that means YOU and me) can’t find answers to by email to the class attorneys—give them a chance to clarify prior to submitting the objection.
Legal • Class actions • Hillis v. Equifax + Fair Isaac • DONATION • (0) Comments • Permalink
Sunday, March 11, 2007
Hillis v Equifax + Fair Isaac class action settlement - please OBJECT!
Hillis v. Equifax Consumer Services, Inc. and Fair Isaac Corp., Case No. 1:04-CV-3400 (USDC, ND GA) and Slack v. Fair Isaac Corp. and MyFICO Consumer Services, Inc., Case No. 1:07-CV-314 (USDC, ND GA)
Well, I just spent hours writing a long posting about this proposed settlement, was done, decided to create a new category, clicked on the wrong button and LOST it all. I had 7 reasons to object (just for starters) and numerous links, I’m way too tired to try to do this again today.
It finally warmed up, been working on my new place the last few days, mostly digging ditches and I’m beat. And I have to admit that I’d rather dig ditches than suffer through the aggravation of having to analyze another totally worthless settlement—but, somebody has to do it and this is our chance to go on record AGAINST this awful settlement.
I will draft a sample objection for you to use.
You can just add your name/address and a sentence or two regarding your objections. I’ll call the court to find out about specific requirements. And the Bar Association can KISS MY ASS or sue me for practicing law w/o license - I couldn’t care less. As regular readers know, I’m not an attorney, but apparently the attorneys all sold out. I’m about as angry as it gets after reading some of the filings and the settlement agreement, notice and FAQ—I will post the details about my objection ASAP.
The settlement site: http://www.hillisslacksettlement.com/
The FAQ and the Long Form Notice are much more helpful than the proposed settlement agreement.
I’ve posted the docket (35 pages!), the amended complaint and a brief re. a motion to compel discovery responses from Fair Isaac and Equifax at Hillis v. Equifax + Fair Isaac class action . All the filings are online, but it would take me literally DAYS to download and post it all, not to mention the expense. I haven’t had time yet to look at Slack v. Fair Isaac Corp. and MyFICO Consumer Services, Inc.
All filings SHOULD be available free of charge at the settlement site.
I am SO tired of getting screwed by the CRAs, Fair Isaac AND the attorneys who claim to represent the interests of consumers. I really hope that many of you will take a few minutes to file your objections.
Legal • Class actions • Hillis v. Equifax + Fair Isaac • (2) Comments • Permalink
Thursday, January 25, 2007
WOW - $.02 (2 cents) received from Shea class action settlement
I got to be careful not to spend it all in one place. Good thing they didn’t pay POSTAGE and send a check, I just saw the credit on my Household credit card statement.
A whopping TWO CENTS!
I’m sure THAT’ll teach em—I can’t even remember what this litigation was about. I think the named plaintiff actually contacted me once.
Oh, right here are my TWO CENTS about this suit:
Shea v. Household class action settlement
I didn’t fill out a claim form, just got the credit on my statement. I don’t think I’ve ever had any kind of late or over limit fee on this account, so the 2 cents must be for interest I paid.
UPDATE 2/5/07:
The “post card” check a reader received:
If it’s for the Shea class action it’s NOT a fraud, deposit the check.
But beware of the marketing checks enclosed with Household credit card statements, READ the fine print on those.
Saturday, July 15, 2006
Deadline 8/30/06: EXCLUDE yourself from the Lexington credit repair class action!
Just when I thought I’d seen it all ... I go through my junk mail and find the link to this settlement notice, sent to me by a consumer attorney. Thank you.
From the notice at http://www.noticeclass.com/lexingtonlaw
Class Members who submit a valid Request Form which is received by Lexington no later than the February 28, 2007 deadline can select certain no-cost credit report error correction services from Lexington ...
This is like offering victims of torture some “free torture” as settlement.
More details on Lexington are at Fight Back!!!
A reader provided me with access to his Lexington account and I took the opportunity to review their system extensively and I took a lot of screenshots. Unfortunately, I just don’t have time to post them.
It is MUCH easier to dispute directly with the CRAs and you’ll do better than Lexington even if you are the most clueless idiot. It’s impossible to trump the Lexington incompetence and ignorance.
If you are stupid enough to sign up for free Lexington credit DESTRUCTION, you certainly deserve everything you’ve got coming.
The parties have agreed that, subject to the approval of the Court, Lexington will pay Class Counsel’s attorneys’ fees and actual expenses as determined by the Court, up to a maximum $1,200,000.00.
Class counsel:
Wilson F. Green
James E. Fleenor, Jr.
Battle Fleenor Green Winn & Clemmer LLP
2316 University Blvd. Ste. 200
Tuscaloosa, Alabama 35401
http://www.bfgwc.com/
I really hope that this settlement is defeated by objectors.
URL e-mailed to
Credit - Collection - Economic News • Class actions • (0) Comments • Permalink
Friday, July 14, 2006
7/05: The Allstate class action settlement (adverse action letter)
Allstate Fair Credit Reporting Act Litigation Settlement Website
It’s essentially the same crappy settlement as with Progressive, the class got screwed and a free credit report. Freaking unbelievable. The money goes to the lawyers. After an hour of reading, the settlement looks a bit better than the Progressive settlement, at least the class isn’t subjected to the fraudulent PLUS score, but I’d sure like to know how many people actually submitted claims and how much Allstate paid out.
There are some filings posted at the site, including the response to the objections, but not the actual objections.
Evan Hendricks (recently discussed in comments) was one of the experts hyping the value of a credit report. What a moron. Such a sell-out.
The expert testimony in favor of this settlement
I didn’t see how much they got paid. Isn’t that disclosed somewhere?
I’d really like to see the audit with the ACTUAL results of the settlement and how much Allstate paid for the credit reports.
All I can say for sure is that Terry A. Smiljanich with James, Hoyer makes $7 or $8 mill in these settlements. He’s got a good thing going, for himself and James, Hoyer.
