Blair v. Equifax Check Services, Inc
NOTICE OF PENDENCY OF CLASS ACTION
To: All persons who (i) were sent a letter in the form attached as Exhibit A (attached) by Equifax Check Services, Inc.; (ii) directed to an address in Illinois; (iii) on or after December 24, 1996; (iv) in an attempt to collect a check written to Champs or T.J. Maxx (v) which letter was not returned by the Postal Service.
PLEASE READ THIS NOTICE CAREFULLY.
Pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure, you are hereby notified that a class action lawsuit is pending in this Court. You have been identified as a member of the class.
WHAT THIS LAWSUIT IS ABOUT
Plaintiffs Beverly Blair and Letressa Wilbon brought this class action against defendant Equifax Credit Services, Inc., to recover damages for violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. ("FDCPA").
Defendant denies that it violated any laws or did anything wrong, and claims it is not liable to plaintiffs or the class members.
THE COURT EXPRESSES NO VIEW AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED BY ANY PARTY. NEITHER THE CERTIFICATION OF THE CLASS NOR THE SENDING OF THIS NOTICE SHOULD BE CONSTRUED AS AN INDICATION OF THE COURT'S VIEW AS TO THE MERITS OF THIS LITIGATION. THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM YOU OF THE PENDENCY OF THE LITIGATION SO THAT YOU MAY MAKE APPROPRIATE DECISIONS AS TO STEPS YOU MAY WISH TO TAKE, IF ANY, IN RELATION TO THIS LAWSUIT.
On February 26, 1999 the Court determined that this action may be maintained as a class action on behalf of the class described above.
POTENTIAL RECOVERY
In an FDCPA class action, the maximum possible recovery is (i) any actual damages suffered by the class members and (ii) statutory damages, in such amount as the court shall assess, based on the culpability of the defendant's conduct and the amount of harm caused by the defendant. No actual damages are claimed here. The statutory damages in a class action cannot in any event exceed the smaller of $500,000 or 1 percent of the defendant's net worth, which statutory damages must be divided among all the members of the class. There are approximately 10,083 class members in this case.If these violations were established in an individual action, you would have the right to recover any actual damages and a maximum of $1,000 statutory damages under the FDCPA. Of course, you would only have these rights if you prevailed, which cannot be assured. Equifax is asserting an offset in the amount allegedly owed by each class member. However, no affirmative recovery can in any event be had from you in this case.PLAINTIFFS' COUNSEL
The attorneys certified by the Court as counsel for the class are:
Daniel A. EdelmanCathleen M. Combs
James O. Latturner
EDELMAN, COMBS & LATTURNER
135 South LaSalle Street
Suite 2040
Chicago, IL 60603
312-739-4200
ANOTHER ACTION THAT MAY AFFECT THIS CASE
At this time, another class has been certified in Crawford v. Equifax, Case No. 97 C 4240. The Crawford class includes you. The Crawford class is represented by Christopher V. Langone, 25 E. Washington St., Suite 1805, Chicago, IL 60602 (312) 782-2000.The Crawford class action has been settled. The settlement agreement has been approved by the trial court, but is being appealed to the Court of Appeals by Blair and Wilbon. Under the terms of the Crawford settlement you received notice by publication of that settlement. You will receive no money as a result of the Crawford settlement, but Equifax has agreed to discontinue the use of the letters that allegedly violate the FDCPA. Under the Crawford settlement, you retain the right to bring an individual action against Equifax; however, you cannot bring or participate in a class action concerning the letters you received from Equifax.If the Court of Appeals affirms the settlement in Crawford, the Blair/Wilbon class action will be dismissed. You would then automatically become members of the Crawford class. In order to obtain any relief, you would have to file your own individual action. Plaintiffs' counsel will notify you of this outcome.
If the Court of Appeals sets aside the settlement, the Crawford settlement will be terminated and the Blair/Wilbon class will be consolidated with the Crawford class.
YOUR OPTIONS
You have the choice of remaining in, or excluding yourself from the class. Each choice has certain risks and consequences. You have the right to discuss your decision with class counsel or your own attorney.
I. If you stay in the Blair/Wilbon class, you will be bound by the result of the lawsuit, whether that result is favorable or unfavorable. If favorable, you will receive a benefit in such amount as the Court determines.As a class member in Blair/Wilbon you will be represented by class counsel. That representation by class counsel is entirely contingent -- that is, class counsel are paid only if they win the case and you need not pay them anything if they are not successful. You will not have to pay any money as a result of staying in the class, except possibly from any recovery to the class.
If you exclude yourself from the Blair/Wilbon class, you (a) will not be bound by any judgment or disposition of this case, (b) will retain any claims you may have against defendants, and (c) will not share in any recovery awarded by the Court or under any settlement agreement. Any statute of limitations which may have stopped running on December 24, 1997 when this action was filed, will began running again upon your exclusion.
If you wish to exclude yourself, send to the Clerk of the United States District Court for the Northern District of Illinois, 219 S. Dearborn, 20th Floor, Chicago, IL 60604 a letter containing the name and number of this case and stating that you wish to be excluded. The letter must be received on or before December 10, 1999. If you mail a request for exclusion, you bear the risk of any problem with the mails. If you elect to be excluded from the Blair/Wilbon class or if the Crawford settlement is sustained, you may file an individual action. If you want your own lawyer to represent you in an individual case, the terms of such representation are a matter for you and your lawyer to negotiate.You also have the right to file an appearance yourself or through an attorney or to ask that plaintiffs' counsel represent you as a named party plaintiff in the Blair/Wilbon case.
CORRECT ADDRESS
If this Notice was sent to you at your current address, you do not have to do anything further to receive any further notices concerning this case. If it was forwarded by the postal service, or if it was otherwise sent to you at an address which is not current, you should immediately send a letter to Edelman, Combs & Latturner (above address) stating your past and current addresses.AVAILABILITY OF FILED PLEADINGSAll papers filed in this case are available for you to inspect and copy at the office of the Clerk of the United States District Court for the Northern District of Illinois, 219 S. Dearborn, 20th Floor, Chicago, IL 60604, during regular business hours.
INQUIRIESAny question you or your counsel have concerning this notice should be directed to Edelman, Combs & Latturner.Please include the case name and number, your name and your return address on any letters, not just the envelopes
