Closed $877,800 Settlement for FCRA Violations

Eligible for the settlement? Claim your share of the $877,800 fund for FCRA violations before the December 5, 2023 deadline. $877,800 Settlement for FCRA Violations
Updated on
Published on

Settlement Terms

  • Status:
  • Award:
    Approximately $75. However, the final amount of the payment may be more or less.
  • Is Proof Required?
  • Claim Deadline:
    December 5, 2023
    Not Set
  • Days Left to File Claim:
  • Settlement Amount:
  • Final Approval:
    March 29, 2024
Settlement summaries by Claim Depot are written for people who might be eligible to claim class action settlement awards. Our goal is to provide the reader all relevant information about the settlement so they can claim their lawsuit funds. Claim Depot uses artificial intelligence (AI) to extract data from the vast amounts of text on the Official Settlement Website and in the court documents. Then, our writers, who are licensed attorneys, write the summary in plain English so the greater public can better understand their rights.


Who Benefits?: Individuals in the United States who were the subject of a background report between April 8, 2020, and April 9, 2023, which included outdated criminal non-conviction information.

How much can I get?: An estimated payment of at least $75, with the possibility of an additional payment for those who experienced further harm.

Understanding the Settlement Fund

The proposed settlement in the class action lawsuit against, LLC, and Xactus, LLC, alleges violations of the Fair Credit Reporting Act (FCRA). The lawsuit claims that included criminal non-conviction information older than seven years in its background reports, which is a potential infringement of the FCRA. The defendants have denied any wrongdoing but have agreed to a settlement to avoid the uncertainties and legal expenses associated with ongoing litigation.

The settlement establishes a fund of $877,800 to compensate affected individuals. Each class member is eligible for an equal share of this fund, with an estimated minimum payment of $75. However, the actual amount may vary depending on the number of claims submitted and the court-approved costs for settlement administration, attorneys' fees, and expenses.

Important Dates

Several critical dates are associated with the settlement. Class members should be aware of these to ensure they do not miss out on potential benefits.

  • Final Approval Hearing: February 27, 2024, at 10:00 a.m.,
  • Deadline to File a Claim: December 5, 2023

Identifying Eligible Class Members

Eligibility for the settlement is quite specific. To be considered a class member, individuals must have been the subject of a background report prepared by's line of business within the specified period. The report must contain at least one criminal non-conviction record that is older than seven years based on the date the report was issued.

Those who received a notice have been identified as class members based on TRC's business records and additional manual review. It is crucial for potential class members to understand their status and the benefits they may claim.

Claiming Settlement Awards

Class members are automatically entitled to a share of the settlement fund but can claim an additional payment if they experienced further harm due to the outdated information in their background report. This additional harm could include rental denials or application delays. A Claim Form must be submitted to attest to such harm and request the additional payment.

  • Base Payment: Estimated at least $75
  • Additional Payment: For those who experienced further harm

The Reports Under Scrutiny

The products at the center of this settlement are the background reports generated by These reports are used by landlords and others to assess the suitability of potential tenants. The inclusion of outdated non-conviction information is the specific issue being addressed by the settlement.

Is Proof Required to Claim the Reward?

Class members will not need to provide additional proof to claim the base payment. However, if these individuals want additional payment, a Claim Form attesting to the harm experienced must be submitted.

The Basis for the Class Action Settlement

The class action settlement stems from allegations that failed to comply with the FCRA by reporting outdated criminal non-conviction information. The settlement represents a resolution to the dispute, with the defendants agreeing to the fund without admitting liability. The next steps for class members are to submit a Claim Form if additional harm was experienced or to object or opt-out of the settlement if they do not agree with its terms.

Case Facts

  • Case Number:
  • Filing Date:
  • Jurisdiction:
    U.S. District Court for the Eastern District of Pennsylvania
  • State:
  • Court:
    Pennsylvania Eastern District
  • Plaintiff:
  • Defendant:, LLC and Xactus, LLC
  • Plaintiff Firm:
    Berger Montague PC.
  • Claims Admin:
    McKey v. c/o Settlement Administrator P.O. Box 16 West Point, PA 19486 (833) 215-9289
  • Defendant Firm:
Kasia Nelson
Kasia Nelson
Reporter and Licensed Attorney
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Settlement Agreement

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Settlement Agreement

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