Marco A. Fernandez, individually and as a representative of the class v. Corelogic Credco LLC
Published: Aug. 30, 2024 | Result Date: Jun. 20, 2024 |Case number: 3:20-cv-01262-JM-SBC Settlement – $58,500,000
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Sophia Marie Rios
(Berger Montague PC)
E. Michelle Drake
(Berger Montague PC)
John G. Albanese
(Berger Montague PC)
Ariana B. Kiener
(Berger Montague PC)
Defendant
Moez M. Kaba
(Hueston Hennigan LLP)
Padraic W. Foran
(Hueston Hennigan LLP)
Brandon Marsh
(Hueston Hennigan LLP)
Spencer M. Schmider
(Hueston Hennigan LLP)
Facts
On June 2, 2020, Plaintiff Marco Fernandez, individually, and on behalf of other members of the general public similarly situated, brought a putative class action against Defendant CoreLogic Credco, alleging a pattern and practice of providing inaccurate consumer credit reports in violation of the Fair Credit Reporting Act, California Credit Reporting Agencies Act, and the California Unfair Competition Law. Three classes for settlement were certified as follows: (i) all individuals who were the subjects of an OFAC Report that Defendant disseminated to a third party from June 3, 2013 through August 28, 2023, where the OFAC Report reported at least one hit, match, possible match, or record for review; (ii) all individuals who were the subjects of an OFAC Report that Defendant disseminated to a third party from June 3, 2015 through August 28, 2023, who made a request to Defendant for their consumer file or report after such OFAC Report had been disseminated and where the OFAC Report reported at least one hit, match, possible match, or record for review; and (iii) all individuals who, from June 3, 2015 to June 30, 2021, made a request to Defendant and to whom Defendant provided a consumer file disclosure. Those classes are estimated to be 705,000 individuals, 3,600 individuals, and 7,400 individuals respectively.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Defendant failed to disclose upon request all information in the consumer's file and the identification of each person that had requested Plaintiff's consumer report in the preceding year before the request was made; and willfully failed to use reasonable procedures to assure maximum possible accuracy, causing Class members to suffer actual damages, including denial of credit, damage to reputation, embarrassment, humiliation, and other mental and emotional distress.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Defendant agreed to a $58.5 million settlement as part of settling all claims; of this sum, the Court awarded a $20,000 class service awards to Plaintiff Marco Fernandez, $14,625,000 in attorneys' fees, $851,825.77 in costs, and settlement administrator costs not to exceed $2,135,228. The settlement will be funded entirely by Defendant's insurance carriers.
Other Information
Magistrate Judge: Steve B. Chu
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390