Frequently Asked Questions
BASIC INFORMATION
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Does the Notice apply to me?
You are a member of the (b)(3) Settlement Cass in this case if at any time from July 24, 2016 through December 31, 2021 (1) you disputed a lien or judgment record with LNRS directly and/or (2) you disputed a lien or judgment record with LNRS indirectly via a reseller.
A Court authorized this notice to inform you about the proposed Settlement and your rights. Before any final judgment is entered, the Court will have a hearing to decide whether to approve the Settlement. This notice is only a summary of the proposed Settlement. More details about the proposed Settlement, the date when appeals are no longer allowed and the Settlement is final, deadlines for certain actions, and your options are available in a longer document called the Settlement Agreement. You can get a copy of the Settlement Agreement by clicking here.
Members of the (b)(3) Settlement Class are also members of the (b)(2) Settlement Class, which includes persons who at any time from July 24, 2013 through the date of preliminary approval had (1) a lien, judgment or landlord tenant record made publicly available by a government source; (2) or a lien, judgment or landlord tenant related court record included in a consumer report furnished by LNRS; or (3) a motor vehicle record included in a Consumer File Disclosure by LNRS. There is a separate proposed settlement on behalf of the (b)(2) Settlement Class which will also apply to you. Information about your rights and options– and the deadlines to exercise them–as related to the (b)(2) Settlement Class can be found at www.lienandjudgmentsettlement.com.
The lawsuit is known as Stewart, et al. v. LexisNexis Risk Data Retrieval Services, LLC a/k/a LexisNexis Risk Data Management, et al., No. 3:20-cv-903-JAG. Judge John A. Gibney, Jr. of the United States District Court for the Eastern District of Virginia is overseeing the case. The people who sued are called “Plaintiffs;” the companies that they sued are called “Defendants.” The Defendants are LNRS and LNRDM (and their predecessor companies).
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What is this lawsuit about?
The lawsuit claims that the Defendants failed to timely retrieve and report updates to judgment, tax lien and landlord tenant records – such as lien releases, satisfactions of judgments and dismissal of landlord tenant cases – and also reported inaccurate and outdated motor vehicle records. Plaintiffs claim that Defendants’ alleged practices violated the federal Fair Credit Reporting Act (“FCRA”). Defendants deny any claim of wrongdoing.
Plaintiffs also claim, in a part of the case in which the (b)(3) Settlement Class is involved, that Defendants did not properly respond to disputes concerning public record information in their reports and file disclosures.
The Court did not decide whether either side was right or wrong. Instead, both sides agreed to the Settlement to resolve the case and provide benefits to consumers.
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Why is this a class action?
Class actions try to bring similar claims in one case and in one court. In a class action, the plaintiffs who bring the case are called “Class Representatives” or “Named Plaintiffs.” They have their names listed in the title of the case. They sue on behalf of people who have similar claims — called the Class or Class Members — which in this case may include you. The Class Representatives filed this case as a proposed class action. When the parties reached this proposed Settlement, the Court had not decided whether the case could be a class action.
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Why is there a proposed Settlement?
The Court has not decided which side is right or wrong in this case. Instead, both sides agreed to a settlement to avoid the costs and risks of a lengthy trial and appeals process.
To settle the matter, the Plaintiffs and Defendants participated in a process called mediation. This is a formal way parties get together to see if they can resolve disputes with the help of a court-approved professional, called a mediator. From December 2020 to August 2021, two experienced mediators conducted lengthy sessions with the parties. A federal Magistrate Judge also assisted in the negotiations. The negotiations were difficult and contentious. The Class Representatives and the lawyers representing the Class think the proposed Settlement is best for all Class Members.
WHO IS IN THE PROPOSED SETTLEMENT?
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How do I know if I am part of the proposed Settlement?
The Court has decided that everyone who fits the following description is a Member of the Rule 23(b)(3) Settlement Class:
All individuals in the United States who disputed a lien or judgment record with LNRS (either directly or indirectly via a reseller) from July 24, 2016 through December 31, 2021.
If you are a member of the Rule 23(b)(3) Settlement Class, you are also a member of the Rule 23(b)(2) Settlement class, which includes:
All persons residing in the United States of America who at any time from July 24, 2013 through February 25, 2022 had either (1) a lien, judgment or landlord tenant record made publicly available by a government source or a lien, (2) a judgment or landlord tenant related court record included in a consumer report furnished by LNRS; or (3) a motor vehicle record included in a Consumer File Disclosure by LNRS.
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Are there exceptions to being included?
Plaintiffs’ and Defendants’ attorneys are excluded from the Settlement. The presiding judge in the action and his staff, and all members of their immediate families, are also excluded from the Settlement.
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What if I am not sure whether I am included in the Class?
If you are still not sure whether you are included in the Class, then you can call toll-free 844-844-3996.
THE PROPOSED SETTLEMENT BENEFITS
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What benefits does the proposed Settlement provide?
(b)(2) Settlement
The benefits for Rule 23(b)(2) Settlement Class Members consist of injunctive relief. An injunction occurs when a court orders a person or company to do or not to do something — in this case changes in Defendants’ business practices. The Settlement requires the Defendants, at their expense, to design, implement, and maintain specific, substantial procedures that address the lawsuit’s concerns about the retrieval and reporting of liens, judgments and landlord tenant records as well as the reporting of motor vehicle records. All Class Members will receive the benefit from these changes in business practices. The specific terms of these changes are included in the Settlement Agreement, a copy of which is available at www.lienandjudgmentsettlement.com.
The (b)(2) Settlement does not provide for payments to (b)(2) Settlement Class Members.
(b)(3) Settlement
In addition to the (b)(2) Settlement described above, Defendants have also agreed to pay $21,500,000 (the “(b)(3) Settlement Fund”) for the benefit of the (b)(3) Settlement Class. Payments will be made by check to each class member. The amount of each check is subject to a pro rata deduction from the Settlement Fund for attorneys’ fees and costs approved by the Court. The Parties estimate class members will each receive approximately $625.00, but the precise amount of the payment will depend on the number of individuals that remain in the Class and the Court’s decision with respect to class representative awards, attorneys’ fees and costs.
If you are a member of the (b)(3) Settlement Class, you are entitled to receive a payment from the (b)(3) Settlement Fund described above, as long as you do not opt-out from the (b)(3) Settlement. You do not need to do anything to receive a cash payment for the (b)(3) Settlement. If the settlement is finally approved, and you do not exclude yourself from the (b)(3) Settlement Class, you will automatically receive a payment. The check will be mailed to the address appearing in LNRS’ records. If your address has changed or is changing, you may contact the Settlement Administrator at info@lienandjudgmentdisputes.com.
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When will the proposed Settlement go into effect?
The Court will hold a fairness hearing on July 27, 2022, to decide whether to approve the proposed Settlement. Even if the Court approves the proposed Settlement, there could be appeals to the Court’s decision. The time for an appeal varies and could take more than a year.
The date when all appeals are completed, and the proposed Settlement becomes final, is called the Effective Date. You can visit this website after March 17, 2022 to check on the progress of the Court-approval process.
The change in business practices for the (b)(2) Settlement Class will remain in effect for seven (7) years from the Effective Date or until June 30, 2029, whichever is earlier. During that time, the Court will continue to oversee the injunctive relief and will have the power to enforce the terms of the Settlement Agreement.
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If I am a member of the (b)(3) Settlement Class, when will I get my settlement check?
The Court will hold a fairness hearing on July 27, 2022 to decide whether to approve the proposed Settlement. Even if the Court approves the proposed Settlement, there could be appeals from the Court’s decision. The time for an appeal varies and could take more than a year.
The date when all appeals are completed, and the proposed Settlement becomes final, is called the Effective Date. You can visit this website after March 17, 2022 to check on the progress of the Court-approval process.
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How does the proposed Settlement affect my rights?
Please read this section carefully. It summarizes how your rights will be affected by two different settlements. Each settlement affects different rights in different ways. Each settlement also provides you with different options.
(b)(2) Settlement
If the proposed Settlement is finally approved by the Court, then you will be giving up all legal or equitable claims against the released parties for statutory damages based on the FCRA or any FCRA state equivalents arising before the effective date of the settlement. This is called “releasing” your claims. This means you cannot seek, or continue to seek, statutory damages based on any of the released parties’ alleged violations of the FCRA or of state laws similar to the FCRA, including: 1) the reporting of judgments, liens or landlord tenant records, 2) LNRS’ disclosure of motor vehicle records on consumer file disclosures, or 3) LNRDM’s provision of data relating to judgment, tax lien and landlord tenant related records. You will be giving up all such claims, whether or not you know about them.
You will also be giving up your right to pursue any claims pursuant to the FCRA or state laws similar to the FCRA on a class action or mass action basis that were or could have been brought in the litigation. But you will not be releasing your right to file an individual lawsuit for actual damages or punitive damages with respect to claims arising before the effective date of the settlement.
However, you will still have the right to file an individual lawsuit against any of the Defendants for actual damages or punitive damages that you claim resulted from any of the Defendants’ alleged conduct. Defendants will have the right to deny they are liable for damages.
The precise terms of the (b)(2) Settlement release are explained in the Settlement Agreement, which you can view on the (b)(2) Settlement website, www.lienandjudgmentsettlement.com.
You may not opt-out of the (b)(2) Settlement. The Court’s decisions in this case will apply to you even if you object to the Settlement or have any other claim, lawsuit, or proceeding pending against any of the Defendants relating to the same claims. If you have any questions about the release, then you should visit the Settlement website for more information or consult with a lawyer.
(b)(3) Settlement
If you do not exclude yourself from the (b)(3) Settlement Class, you will give up rights in addition to those described above. You will also receive the monetary benefit of the settlement.
If you do not exclude yourself from the (b)(3) Settlement you will receive a settlement payment. You will not be able to sue the released parties for any claim arising before the effective date of the settlement. All of the Court’s orders will apply to you and legally bind you. You will agree to a “Release of Claims,” stated below, which describes exactly the legal claims that you will give up. The (b)(3) “Release” contained in the Settlement Agreement states:
Each member of the Rule 23(b)(3) Settlement Class who has not excluded him or herself and his or her respective spouses, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors, assigns, and all those acting or purporting to act on their behalf acknowledge full satisfaction of, and shall be conclusively deemed to have fully, finally, and forever settled, released and discharged, subject to the limitation [below], all of the Released Parties, of and from all claims arising before the Effective Date whether known or unknown, matured or unmatured, foreseen or unforeseen, suspected or unsuspected, accrued or unaccrued which the Rule 23(b)(3) Settlement Class Members ever had or now has, including but not limited to, all claims resulting from, arising out of, or in any way connected to the Litigation or its underlying subject matter.
Notwithstanding the foregoing, the Rule 23(b)(3) Class Members do not release any Released Party who is a LNRS customer, reseller or retransmitter for its own conduct or omission that is not based on and derivative of Covered Conduct by LNRS and/or LNRDM.
You can opt-out from the (b)(3) Settlement Class as described in FAQ 12. However, as stated above, if you decide to exclude yourself from the (b)(3) Settlement Class, you will still remain a member of the (b)(2) Settlement Class.
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Can I choose not to be in the proposed Settlement?
(b)(2) Settlement
No, you may not exclude yourself from the (b)(2) Settlement. The proposed Settlement requires the Defendants to implement new procedures to ensure they change their business practices to benefit all Rule 23(b)(2) Settlement Class Members equally. As explained in FAQ 8, this type of benefit is injunctive. Therefore, under this type of class action, you cannot exclude yourself from the Class or this proposed Settlement.
However, as explained in FAQ 11, you still have the right to file an individual lawsuit against any of the Defendants for actual damages or punitive damages and have your case and the Defendants’ defenses heard in court.
(b)(3) Settlement
Yes, you may exclude yourself from the (b)(3) Settlement Class. If you do not want to remain a member of the (b)(3) Settlement Class, but you want to maintain your right to sue or continue to sue the Defendants for actual damages on your own, you must take steps to exclude yourself from the (b)(3) Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class. Opting out gives you the right to bring your own lawsuit but does not guarantee that your own lawsuit will be successful.
You may “opt out” or exclude yourself from the (b)(3) Settlement as explained below.
To exclude yourself from the (b)(3) Settlement, you must send a written request for exclusion to the Settlement Administrator, addressed to: Lien & Judgment Dispute Settlement Administrator, ATTN: Exclusion Request, PO Box 58220, Philadelphia, PA 19102. To be valid, the proposed opt-out request must contain your name, original signature, current postal address, and current telephone number, and a statement that you want to be excluded from the (b)(3) Settlement Class.
You cannot exclude yourself by telephone or by e-mail. You also cannot exclude yourself by mailing a request to any location other than that specified below or by mailing a request after the deadline. You also cannot exclude yourself as part of a group, aggregate, or class involving more than one consumer.
If you exclude yourself, you should promptly consult your own attorney about your rights as the time to file an individual lawsuit is limited.
REQUESTS FOR EXCLUSION THAT ARE NOT POSTMARKED ON OR BEFORE June 30, 2022 WILL NOT BE HONORED.
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If I do not exclude myself from the (b)(3) Settlement, can I sue the Defendants for the same thing later?
No. Unless you exclude yourself from the (b)(3) Settlement, you will not be able to sue the released parties for any released claim arising before the effective date of the settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You may need to exclude yourself from this settlement to continue your own lawsuit. Remember, your exclusion request must be postmarked by June 30, 2022.
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If I exclude myself from the (b)(3) Settlement, can I get any monetary benefit from the settlement?
No.
THE LAWYERS REPRESENTING YOU
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Do I have a lawyer in this case?
Yes. The Court approved the following lawyers as “Class Counsel” to represent you and other (b)(2) and (b)(3) Settlement Class Members:
- Leonard Bennett, of Consumer Litigation Associates, P.C., in Newport News, Virginia;
- Kristi Kelly, of Kelly Guzzo PLC, in Fairfax, Virginia;
- E. Michelle Drake, of Berger Montague PC, in Minneapolis, Minnesota;
- James Francis, of Francis Mailman Soumilas P.C., in Philadelphia, Pennsylvania; and
- Keith Keogh, of Keogh Law Ltd., in Chicago, Illinois.
You will not be charged for these lawyers. You may hire your own attorney, if you so choose, but you will be responsible for paying your attorney’s fees and expenses.
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How will the lawyers be paid? What will the Class Representatives receive?
Class Counsel will ask the Court to approve attorneys’ fees and expenses in an amount not exceed $2,850,000, for the time and effort they have spent for the (b)(2) Settlement Class. Certain Named Plaintiffs will ask the Court to approve payments in the amount of $15,000 and $10,000 as service awards.
Class Counsel will ask the Court to approve attorneys’ fees and expenses in an amount not to exceed 33% of the $21,500,000 settlement fund and certain of the Named Plaintiffs will ask the Court to approve payments in the amount of $10,000 as service awards to be deducted from the $21,500,000 settlement fund.
Defendants will pay the approved amount of attorneys’ fees and expenses, and no Class Member will owe or pay anything for the attorneys’ fees and expenses of Class Counsel.
OBJECTING TO THE PROPOSED SETTLEMENT
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How do I tell the Court if I do not agree with the proposed Settlement?
You can object to either or both the (b)(2) Settlement or the (b)(3) Settlement if you think any part of the settlement is not fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views before deciding whether to grant final approval.
To object, you must mail your objection letter to: “Lien & Judgment Dispute Settlement Administrator, ATTN: Objections, PO Box 58220, Philadelphia, PA 19102.” Your letter must be postmarked no later than June 30, 2022.
Your objection letter must include all of the following:
- The name of the case: Stewart, et al. v. LexisNexis Risk Data Retrieval Services, LLC a/k/a LexisNexis Risk Data Management, et al., No. 3:20-cv-903-JAG (E.D. Va.);
- Your name, address, and telephone number; and
- A written statement detailing the specific basis for each objection.
If you are submitting an objection through an attorney, in addition to the above information, your objection must include:
- identity, mailing address, email address, fax number, phone number for your attorney;
- a statement of whether you intend to appear at the Final Fairness Hearing; and
- a written statement detailing the specific basis for each objection, including any legal and factual support that you wish to bring to the Court’s attention and any evidence you wish to introduce in support of the objection.
For more information about the final approval hearing, see FAQ 19, FAQ 20, and FAQ 21.
If you do not follow the process outlined above, you will not be allowed to object, appear at the final approval hearing, or appeal the final approval of the proposed Settlement, the dismissal of the case, or the Court’s award of attorneys’ fees and expenses to Class Counsel.
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What is the difference between objecting and opting-out?
Objecting is simply telling the Court that you do not like something about the settlement. Opting out, or excluding yourself, means that you will not be included in the settlement.
You can object to the (b)(2) Settlement but you cannot opt-out of (exclude yourself from) the (b)(2) settlement.
You can object or opt out of the (b)(3) Settlement Class but you cannot do both. If you exclude yourself, you have no basis to object to the (b)(3) Settlement because it will no longer affect you. However, even if you exclude yourself from the (b)(3) Settlement, you can still object to the (b)(2) Settlement.
THE COURT'S FINAL APPROVAL HEARING
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The Court will hold a final approval hearing to decide whether to approve the proposed Settlement. You may attend and you may ask to speak, but you do not have to because Class Counsel will appear at the hearing on your and the Class’ behalf.
The hearing will be on July 27, 2022, at 9:00am, before Judge Gibney, in the United States District Court for the Eastern District of Virginia, Richmond Division, in Courtroom 6000.
At this hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will consider all timely and proper objections. The Court will listen to people who have asked for permission to speak at the hearing (as explained in FAQ 21).
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate for all affected persons. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing.
The Court may also decide how much to award Class Counsel and the Class Representatives. After the hearing, the Court will decide whether to finally approve the proposed Settlement. There may be appeals after that. We do not know how long these decisions will take.
The Court may change the date of the final approval hearing without further notice to the Class or may decide to conduct the hearing using remote means. You should check this website to check on the hearing date, the court-approval process, and the Effective Date.
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Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it is not necessary.
If you send an objection, then you do not have to come to Court to talk about it. As long as you mailed your written objection on time and complied with the other requirements for a proper objection, the Court will consider it.
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May I speak at the hearing?
You or your lawyer may ask the Court for permission to speak at the final approval hearing. To do so, you must tell the Court in your objection letter that you or your lawyer would like to speak at the hearing. You must also follow the process outlined in FAQ 17.
You cannot speak at the hearing if you do not follow this procedure.
IF YOU DO NOTHING
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What happens if I do nothing at all?
You are not required to do anything to get the benefits of the Settlement. If the Court approves the proposed Settlement, then you will be bound by the Court’s final judgment and the release of claims explained in the Settlement Agreement.
GETTING MORE INFORMATION
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How do I get more information?
This notice is only a summary of the proposed Settlement. More details about the proposed Settlement, the date when appeals are no longer allowed and when the Settlement is final, deadlines for certain actions, and your options are available in a longer document called the Settlement Agreement.
You can see the entire Settlement Agreement by clicking here. The website also provides answers to commonly asked questions, plus other information to help you determine whether you are a Class Member. In addition, some of the key documents in the case will be posted on the website.
Do not write or call the judge or any court personnel concerning this lawsuit or notice.