Jeff,
Thank you for your inquiry. The responses to your questions follow:
1. How did you come to be involved in negotiating a better deal for litigants of this class action lawsuit against CIC?
I am presently litigating a class action lawsuit against consumerinfo.com concerning the same unfair business practices addressed in the San Jose case. I have been in litigation, along with my co-counsel firm in San Francisco, with CIC for approximately 5 years.
One reason our case is still pending is that, unlike the plaintiffs represented by the Alabama lawyers, our clients refuse to accept de minimis relief for the class. As you noted, in the San Jose case, class members stand to receive a free credit score or two months of credit monitoring while the attorneys walk away with 2.5 million. This type of settlement if objectionable on many levels.
The real value is virtually zero. It costs Experian nothing to provide this "relief." Moreover, as many of your readers may know, consumers are now entitled, under federal law, to a free credit report each year from each of the three major credit bureaus.
Additionally, many class members have suffered actual damages such as a deceptive charge of 79.95 for a product which was marketed as "free." The FTC has already fined CIC for this. Liability is relatively clear.
What we have with the settlement proposed by the Alabama lawyers is essentially a payoff by CIC to these attorneys to help extinguish all liability associated with CIC's bad acts.
2. What type of deal will you be fighting for on behalf of consumers who you represent?
We seek to recover restitution of actual damages for the class. In other words, CIC must give back the profits of its unlawful enterprise.
Obviously, you rarely obtain 100% relief in any litigation. However, CIC must be held accountable and compelled to provide some real relief to the class beyond a "free" credit report (already available through annualcreditreport.com as mandated by the federalgovernment) or its worthless two free months of credit monitoring.
The settlement proposed by the Alabama lawyers is essentially a "coupon" settlement of the type that has been widely derided by courts, legal experts, and commentators in recent years.
3. What kind of time or financial obligations, if any, are required should you represent them?
There is no financial obligation. If we are able to negotiate an enhanced settlement for the class, we will petition the court for an award of fees based on the time we spend on the case. Any fee award will be entirely separate from any fund created for the benefit of the class. In other words, the class recovery will not be diminished by the payment of any fee to us.
As for a time commitment, I will only need a brief statement from each class member outlining the circumstances surrounding his or her loss (e.g. when did they order the "free" credit report, how many times were they charged, how much were they charged, ...). This information may be provided to me by email.Based on that information, I will prepare a declaration for the class member's signature.
The commitment of time would be minimal. Of course, each class member may participate as much or as little as they like.
Additionally, we are always available to answer questions about the case, or consumers' rights pursuant to the settlement.
4. By objecting to the settlement reached between Experian and the Alabama lawyers, is there a risk of losing the free credit score or two months or credit monitoring? (Which is certainly not much of a loss!)
The "relief" currently offered under the settlement could come off the table if the court refuses to approve the settlement as structured. However, at that point, the parties merely go back to the drawing board and attempt to craft a new settlement which will meet with the court's approval. Meanwhile, we will continue to pursue our separate class action in Orange County.
In any event, while there may be some delay, consumers will ultimately find themselves in a better position if the court disapproves this horrendous settlement. Alternatively, if enough class members object to the proposed settlement, the parties may be willing to offer additional relief prior to seeking court approval in order to ensure that the deal goes through and avoid additional litigation.
5. When our readers choose to have you represent them, what is the process?
Class members need only to send an email expressing their desire for my firm to represent them along with a brief statement detailing their experience with CIC. I will then prepare a declaration and either mail it or fax it to them for their review and signature. I will file all declarations along with a comprehensive objection with the court.
The papers are due on or before May 15 so time is of the essence here.
According to the class notice, objections should contain a class member's name, address, phone number, and last four digits of social security number. If class members are uncomfortable providing any of this information, we can object to that portion of the notice.
6. May we publish the name of your law practice and contact info?
Yes. Any class member who has questions about the settlement may contact me fee free.
Law Office of John W. Davis
4445 Eastgate Mall, Second Floor
San Diego, CA 92121
Telephone: 858-812-2976
Facsimile: 858-658-0072
email: [email protected]