EXPERIAN PUBLIC RECORD MEDIATION PROGRAM

Experian Mediation Program – General Information

  1. What is the Settlement About?

    The lawsuits claim that Experian failed to disclose its third-party vendor from which it obtains its public record information and Experian reported inaccurate and out-of-date tax lien and civil judgment information in violation of the Fair Credit Reporting Act.

    The settlement includes state and federal tax liens and civil judgments. It includes claims that Experian:

    • Inaccurately reported those tax liens or civil judgments as unpaid, when they had in fact been paid, dismissed, or vacated, OR
    • Inaccurately included a tax lien or civil judgment on a report that did not belong to the person on the report.

    A civil judgment is a ruling made against someone in a civil court on a non-criminal matter. This typically relates to an outstanding debt to a lender or creditor.

    A tax lien is a lien imposed by law upon a property to secure the payment of taxes (income, property, or other). This category includes state and federal tax liens.

    To learn more about the settlement visit the settlement notice website.

  2. Am I Eligible to Participate in the Mediation and Arbitration Programs?

    You are eligible to file a claim if you:

    • Had an inaccurate tax lien or civil judgment on your Experian credit report,
    • between January 15, 2014, and September 21, 2018,
    • Experian reported this inaccuracy to a third party (such as a lender), and
    • you were harmed as a result of this inaccurate report (such as being denied credit).

    Participation in these Programs is voluntary and will be available for an 18-month period after the Effective Date of the settlement. This will save you the expense and difficulty of having to file your own lawsuit to obtain damages. The provision of these Programs does not limit the right of any Settlement Class Member who does not choose to participate to bring their individual claims in federal or state court.

  3. What Information is Required to File A Claim?

    For all claims, here is the information that is required:

    1. Personal identifying information
    2. Identify the public record that was inaccurately reported: Civil Judgment or Tax Lien

      A civil judgment is a ruling made against someone in a civil court on a non-criminal matter. This typically relates to an outstanding debt to a lender or creditor.

      A tax lien is a lien imposed by law upon a property to secure the payment of taxes (income, property, or other). This category includes state and federal tax liens.

    3. Specify what type of inaccuracy was involved: Updating or Ownership Claim

      Updating Claim: Experian failed to update your credit report to reflect the accurate status of your civil judgement or tax lien after the lien was paid, dismissed, vacated, or misreported.

      You need to provide evidence that the civil judgment or tax lien has been paid or satisfied, including the date the record was paid or satisfied (such as a date-stamped court record).

      Ownership Claim: Experian reported a civil judgement or tax lien on your credit report that did not belong to you.

      You need to provide evidence that Experian reported a civil judgement or tax lien on your credit report that did not belong to you. Actual damages would include out-of-pocket costs you had to pay related to the inaccurate report, such as you disputed the inaccurate report with Experian and had to pay costs to get copies of court records.

      Examples of evidence are:

      • Your Experian report, showing the civil judgment or tax lien that does not belong to you
      • A copy of your dispute with Experian, if you previously disputed the inaccurate record
      • A copy of the actual public record that was reported, which shows it does not belong to you (such as a copy of the court’s record of the civil judgment, or tax lien)

      You also need to indicate any Adverse Action that you experienced due to Experian’s inaccurate reporting. Adverse action can include things like: a denial of credit, denial of insurance, denial of employment, denial of housing, higher interest rate, higher insurance rate, lower credit limit, lower loan amount, decrease in credit limit on existing account, or an increase on an existing insurance rate.

      You will also need to provide the date you were notified of the adverse action. For example, the date you were denied a loan, credit card, apartment, job, or insurance, or the date your credit limit decreased. To receive a settlement offer, your adverse action date must have taken place between January 15, 2014 and September 21, 2018.

  4. How does the mediation program work?

    Anyone who believes they meet the requirements above can submit a claim. You can submit your claim via the online form or mailing in a claim form. Class counsel is available to assist you if you have trouble submitting your claim.

    Once your claim is submitted, class counsel will review your claim and explain to you if you qualify for the program. If your claim does qualify, class counsel will then gather additional information in order to make a mediation request to Experian, including how much you are seeking in compensation. Once this demand is made to Experian, Experian will then respond by either accepting the mediation offer amount or will make a counter offer. Ultimately, it will be your decision whether you want to accept the final mediation offer from Experian. If you choose to accept the final mediation offer, Experian will send you paperwork to complete, including a waiver of legal claims. Once this paperwork is completed, then you will receive a payment from Experian.

    If you choose not to accept the final mediation offer, then you have the option to enter into binding arbitration. By entering into such arbitration, you agree to be bound by whatever decision the arbitrator makes. If you choose to enter arbitration, class counsel will submit an arbitration letter on your behalf to the arbitrator. Experian will also submit a letter explaining their position. The arbitrator will then either choose your arbitration amount or Experian's arbitration amount. Experian will then be bound to pay this amount and you will be bound to accept this amount.

  5. What Rights Do I Give Up by Participating?

    You will not give up any rights you have to bring an individual claim against Experian unless you ultimately receive a payment in the Mediation Program or participate in follow-on arbitration (which bind the parties to accept the Arbitrator’s decision).

  6. When is the deadline to Participate in the Programs?

    Participation in these Programs will be available until August 22, 2020.

  7. Am I guaranteed to receive a payment under this Program?

    You are not guaranteed to receive a payment under this program. Class counsel will negotiate upon your behalf, however Experian must also agree in mediation before you will be offered a payment. It is also possible in the follow-on arbitration, that the arbitrator will decide against you.