Tyler Robert Pang v. Credit Plus, Inc.

1:20-cv-00122-ELH

www.PangSettlement.com

A proposed class action settlement may affect your rights.

Frequently Asked Questions

1. What is this lawsuit about?
2. What can I get out of the settlement?
3. Who are the attorneys representing the class and how will they be paid?
4. What rights am I giving up in this settlement?
5. If I choose to do so, how do I exclude myself from the settlement?
6. How do I object to the settlement?
7. When and where will the court decide whether to approve the settlement?
8. Where can I get additional information?

IF YOU SUBMIT A CLAIM FORM You have the right to submit a claim if you believe a Credit Plus, Inc. (“Credit Plus”) report falsely stated you were deceased. Click here to submit a claim. The claim form deadline is October 8, 2021. You may also request that the lawyers who represent the class contact you to discuss your rights. You will release certain claims and remedies that you have against Credit Plus. The full release and definition of the released parties are available in the Settlement Agreement, which can be found on the Important Documents page.
 
You may also request a copy of your consumer report from Credit Plus by filling out an online request form or by mailing a request.
IF YOU DO NOTHING If the Court approves the Settlement and you do nothing, you will release certain claims and remedies that you have against Credit Plus. The full release and definition of the released parties are available in the Settlement Agreement, which can be found on the Important Documents page. If you fail to submit a claim form, you will not receive a settlement payment.
IF YOU EXCLUDE YOURSELF FROM THE SETTLEMENT You have the right to exclude yourself (“opt out”) from the Settlement by sending a written request addressed to “Exclusion—Pang v. Credit Plus, Inc.,” c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486. You must state that you wish to be excluded from the Settlement and include the information discussed in more detail in this Notice. If you validly opt out, you will not receive any monetary payments from the Settlement and you will not have any right to object to the Settlement, but you will not be bound by the terms of the Settlement. The opt-out deadline is October 8, 2021.
OBJECT You have the right to write to the Court to object to the Settlement if you believe it is unfair.

These rights and options - and the deadlines to exercise them - are explained in the Notice. The Court still has to decide whether to approve the Settlement. Payments will be made on valid and timely claims if the Court approves the Settlement and after any appeals are resolved.

1. What is this lawsuit about?

Plaintiff Tyler Robert Pang (“Mr. Pang”), on behalf of himself and all others similarly situated, filed a class action lawsuit in federal court against Credit Plus alleging that Credit Plus violated the Fair Credit Reporting Act (“FCRA”). The FCRA, at 15 U.S.C. § 1681e(b), requires that a consumer reporting agency, like Credit Plus, maintain reasonable procedures to assure maximum possible accuracy.

Mr. Pang alleged that Credit Plus violated this provision of the FCRA when it included information from a credit bureau like Trans Union, Equifax or Experian that indicated a consumer who applied for a mortgage was deceased when, in fact, such consumer was alive. Mr. Pang alleged that this practice of passing on what the credit bureaus say about a consumer is misleading and inaccurate. Mr. Pang alleges that it can also cause the mortgage underwriting process to be delayed, denied or result in other problems with underwriting.

Credit Plus denies that it did anything wrong or that it violated any laws. For example, Credit Plus has argued that it maintains reasonable procedures to assure maximum possible accuracy. The Court has never made a determination that Credit Plus violated the FCRA. This notice should not be interpreted as an expression of the Court’s opinion on the merits of the lawsuit.

Within the Settlement, you are a member of the “Settlement Class.” The Settlement Class is defined to include: all consumers whom Credit Plus’s records reflect (1) were the subject of a consumer report furnished by Credit Plus to a third party between March 23, 2018 and June 21, 2021, (2) where Credit Plus’s consumer report contained a notation that the consumer was deceased from at least one credit bureau, and (3) where one or more other notations from other credit bureaus did not also contain a deceased notation.

2. What can I get out of the settlement?

A $900,000 Settlement Fund will be used to make cash payments to the class members. You have the right to submit a claim for your pro rata portion of the Settlement Fund if Credit Plus prepared a report on you that included a deceased notation when, in fact, you are not. Click here to submit a claim. The amount each Claimant may receive will vary depending on the amount of attorneys’ fees, Class Representative award, administration costs, and the final number of participating Class Members, but is estimated to be $450. The claim form deadline is October 8, 2021.

All class members, including those who do not submit a claim form, have the right to request a copy of their consumer report from Credit Plus. To request the report, you may submit an online request form. You may also mail a written request to Credit Plus using the form attached to this notice. The written request must include all of the following: (a) a statement stating “Pursuant to the Settlement in Pang v. Credit Plus, Inc., I am requesting a copy of my consumer report,” (b) your full name; (c) last four digits of your social security number; (d) the address to which the report should be sent; and (e) a copy of your photo identification. Any such request must be sent to Credit Plus, Inc., ATTN: Malory Davis, 31550 Winterplace Parkway, Salisbury, MD 21804.

3. Who are the attorneys representing the class and how will they be paid?

The Court has approved lawyers to represent the Settlement Class (“Class Counsel”). If you prefer to hire your own attorney to represent you in this case, you may do so. The attorneys who have been appointed by the Court to represent the class are:

Kristi Kelly
Kelly Guzzo
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
800-788-9715
pangsettlement@bm.net

E. Michelle Drake
Hans Lodge
Berger Montague PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
800-788-9715
pangsettlement@bm.net

Subject to Court approval, Class Counsel will seek attorneys’ fees and costs in an amount not to exceed $310,000. Class Counsel will also seek a service award in an amount not to exceed $5,000 to be paid to Mr. Pang for his services in representing the Settlement Class. These attorneys’ fees, costs, and service award payments will be paid from the Settlement Fund. The settlement administration costs will also be paid from the Settlement Fund.

4. What rights am I giving up in this settlement?

You give up your right to sue or file a lawsuit seeking actual, statutory and punitive damages against Credit Plus based on its inclusion of a deceased notation in a consumer report on you to a third party. Giving up your legal claims is called a release.

5. If I choose to do so, how do I exclude myself from the settlement?

The Court will exclude from the Class any individual who validly requests an exclusion. If you wish to be excluded, you must mail a written request for exclusion addressed to “Exclusion—Pang v. Credit Plus, Inc.,” c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486. Your request for exclusion must be in writing and postmarked on or before October 8, 2021. The request must state: “I do not want to be part of the Class in Pang v. Credit Plus, Inc.” The request must be signed and include your name, address, telephone number, and last four digits of your social security number. The address you use on your exclusion request should be the address to which this notice was mailed. If you have a new address, please also inform the Settlement Administrator of the new address so they can update the appropriate records. If you exclude yourself, you are not eligible to receive a payment.

6. How do I object to the settlement?

You may object to all or part of the Settlement if you think it is not fair, reasonable and/or adequate. To object, you must file with the Court and serve on counsel a written explanation of the reasons you think that the Court should not approve the Settlement. Be sure to sign the letter and include your name, address, and the basis of your objection, and include a notation that it is for “Pang v. Credit Plus, Inc., Case No. 1:20-cv-00122-ELH.” The deadline to file an objection and to serve it on each of the lawyers is October 8, 2021. The attorneys are:

Kristi Kelly
Kelly Guzzo
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
 
E. Michelle Drake
Berger Montague PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
 
Attorneys for Plaintiffs
David M. Gettings
Troutman Pepper
222 Central Park Ave, Suite 2000
Virginia Beach, VA 23462
 
Attorneys for Credit Plus, Inc.

7. When and where will the court decide whether to approve the settlement?

The Court will hold a Fairness Hearing on October 29, 2021, at 10:00 a.m. The address of the courthouse is 101 West Lombard St., Baltimore, MD 21201. At the Fairness Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will also hear objections to the Settlement, if any. We do not know how long the Court will take to make its decision. In addition, the hearing may be continued at any time by the Court without further notice to you.

You do not have to appear in order to receive a benefit. However, you may request permission to speak at the hearing by filing a “Request to Appear.” Be sure to sign the letter and include your name, address, and a specific statement that you want to be heard on “Pang v. Credit Plus, Inc., Case No. 1:20-cv-00122-ELH.” The deadline to file a request to appear with the Court and to serve it on each of the lawyers listed above is October 8, 2021.

If the Court approves the Settlement, the Court’s judgment will be binding on all class members who do not validly exclude themselves.

8. Where can I get additional information?

The notice is only a summary of the proposed settlement of this lawsuit. For more information, you may call or email Class Counsel at 800-788-9715 or pangsettlement@bm.net. You may also contact the Settlement Administrator at Pang v. Credit Plus, Inc., c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486. Certain pleadings and documents filed in Court, including the Settlement Agreement, may be reviewed on the Important Documents page.

www.PangSettlement.com • 800-788-9715 • PangSettlement@bm.net