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.
Posted by Christine on 03/12/2007 at 10:25 PM
Legal • Class actions • Hillis v. Equifax + Fair Isaac • DONATION • (0) Comments • Permalink
