1. Why did I get a Notice?
You were sent a Notice because you have been identified as a Class Member in a purported class action lawsuit entitled
Lonnie R. Berryman, Jr. v. Avantus, LLC, 3:21-cv-01651, which claims that Avantus, LLC violated the
Fair Credit Reporting Act (“FCRA”). As used in the Notice, “Defendant” collectively refers to Xactus, LLC, in its capacity as
successor in interest to certain assets of Avantus, LLC, and Avantus, LLC.
The lawsuit alleges that Defendant violated the FCRA when it included on a consumer report information from a credit bureau like
Trans Union, Equifax or Experian that indicated a consumer who applied for a mortgage was deceased when the consumer was alive.
Specifically, Defendant’s records indicate that (1) you were the subject of a bi-merge or tri-merge report using the legacy
Avantus system and branding from December 13, 2019 through November 3, 2023; (2) that included at least one notation related to a
deceased status in the score section of the report; and (3) where at least one of the underlying consumer reporting agencies returned a credit score.
Class Members are eligible to receive a payment as part of this class action Settlement.
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2. What are the most important dates?
The Court has scheduled a Final Approval Hearing for May 8, 2024. If there are no appeals, checks will be sent approximately 52 days after
the Court finally approves the Settlement. The deadline to opt-out of the Settlement, or object to the Settlement, is April 8, 2024.
The deadline to file a claim for Class Members in the Claim Form Group is April 8, 2024.
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3. What is this lawsuit about?
Plaintiff Lonnie R. Berryman, Jr. (“Plaintiff”) filed a class action lawsuit in federal court against Defendant alleging that Defendant
violated the FCRA by including notations on consumer reports that indicated the subject of the report was deceased when they were alive.
The law requires that a consumer reporting agency, like Defendant, follow reasonable procedures to assure maximum possible accuracy.
Defendant denies that it did anything wrong or that it violated any laws. Defendant maintains that it follows reasonable procedures
to assure maximum possible accuracy in the information it reports on all consumer reports. The Court has not determined that Defendant
violated the FCRA. Nor has the Court made any determination that this lawsuit should proceed as a class action, as opposed to an
individual claim brought by Plaintiff. The Notice should not be interpreted as an expression of the Court’s opinion on the merits
of the lawsuit. If the parties had not reached a settlement, Defendant would have vigorously defended the lawsuit.
The Settlement Class is defined to include: all persons residing in the United States of America (including its territories and Puerto Rico):
(1) who were the subject of a bi-merge or tri-merge report using the legacy Avantus system and branding from December 13, 2019
through November 3, 2023; (2) that included at least one notation related to a deceased status in the score section of the report;
and (3) where at least one of the underlying consumer reporting agencies returned a credit score.
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4. What can I get out of the Settlement?
A $450,758 Settlement Fund will be used to make settlement payments to the Class Members and to pay, if approved by the Court, a service
award to the Class Representative of $7,500, and to reimburse the Settlement Administrator for its expenses. Class Counsel will
petition for their attorneys’ fees and costs, in the amount not to exceed $267,242 to be paid from a fund separate and apart from the
Settlement Fund. For more about Class Counsel and their payment, please see the following section.
If the Settlement is approved in full, each eligible Class Member will receive an equal settlement payment. Depending on the final number of
eligible Class Members, and after deduction of the requested amounts to be approved by the Court to be paid from the Settlement Fund for
administrative costs, and a service award, it is estimated that each Class Member will receive approximately $511. However, the final
amount of the payment may be more or less.
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5. 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 at your own expense. The attorneys who have been appointed by the Court to represent the Settlement Class are:
E. Michelle Drake
Joseph C. Hashmall
Berger Montague PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
(612) 594-5999
Subject to Court approval, Class Counsel will seek attorneys’ fees and costs in the amount of $267,242, an amount
that will not come from the Settlement Fund.
Class Counsel will also seek a service award in an amount not to exceed $7,500 to be paid to Plaintiff for his
services in representing the Settlement Class. The service award and settlement administration expenses will be paid
from the Settlement Fund if approved by the Court.
Any approved amount of attorneys’ fees and expenses or the Class Representative service award will be paid
from the fund identified above, and no Class Member will owe or pay anything directly for the attorneys’ fees and expenses of
Class Counsel. You may hire your own attorney, if you so choose, but you will be personally responsible for
your attorney’s fees and expenses.
Class Counsel will file a motion for their attorneys’ fees and expenses on or before March 23, 2024.
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6. What are my options?
You have three options. You can (1) remain in the Settlement Class, or (2) exclude yourself (i.e., opt-out) from the Settlement, or (3) object to the Settlement.
This chart shows the effects of selecting each option:
| |
Remain in the
Settlement Class |
Opt-Out of the
Settlement Class |
Object to the
Settlement |
| Am I bound by the terms of the Settlement if I... |
Yes |
No |
Yes |
| Will I be able to receive money in the Settlment if I... |
Yes *
* If you are in the Claim Form group, you must also return a timely and valid Claim Form to receive money.
|
No |
Yes* |
Your options and rights are explained in the following sections, along with the steps you must take if you wish to opt-out or object.
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7. What are the consequences of doing nothing?
If you do nothing and remain in the Settlement Class, and you are in the Automatic Payment group or you are in the Claim Form group and
return a timely and valid Claim Form, you will receive a settlement payment if the Court grants final approval of the Settlement.
No Class Members will have to pay or buy anything to benefit from the relief provided by the Settlement Agreement.
You will not be able to pursue claims against Defendant that are covered by the Settlement’s release. You will be giving up all such
claims whether you know about them or not. All the Court’s decisions regarding the Settlement will apply to you and you will be
bound by any judgment entered.
The precise terms of the dismissal and release are explained in the Settlement Agreement, which you can
view on the Important Documents page.
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8. How do I submit a Claim?
If you are not identified as being a member of the Automatic Payment group of Class Members, you may submit a form to the
Settlement Administrator claiming payment from the Settlement if you were the subject of a consumer report by
the Avantus, LLC line of business that included a deceased notation when you are, in fact, alive.
To submit a Claim Form, please complete the Claim Form attached to the Notice you received and mail it
to Berryman v. Avantus, LLC, c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486. Your
Claim Form must be postmarked by April 8, 2024. You may also submit a Claim Form online by clicking here.
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9. What happens if I opt-out of the Class?
If you exclude yourself from the Settlement Class, you will not receive any money from the Settlement. You will not be
bound by any of the Court’s orders regarding the Settlement, or any judgment or release entered regarding the Class.
You will retain any legal rights you may have against Defendant. You will be responsible for the fees and costs of any
services provided by your own lawyer.
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10. How do I opt-out?
If you wish to be excluded, you must mail a written request for exclusion addressed to the Settlement Administrator at
Berryman v. Avantus, LLC, c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486. Your request for exclusion must be in
writing, signed by you, and postmarked on or before April 8, 2024.
The request must state: “I request to be excluded from the Settlement Class in Lonnie R. Berryman, Jr. v. Avantus, LLC.”
The request must also be dated and include your name, address, and telephone number. If you exclude yourself, you are not eligible to receive a payment.
Notwithstanding the foregoing, no person within the Settlement Class may submit a Request for Exclusion for any other person in the Settlement Class.
If a Class Member submits both a Request for Exclusion and a Claim Form, the Claim Form shall take precedence and the individual shall
not be deemed to have validly excluded himself or herself from the Settlement.
If you timely submit a valid Request for Exclusion, you will exclude yourself from the Settlement Class. You will not receive
the benefits of the Settlement and you will not be bound by further orders or judgments in the Action, subject to Court approval.
You will preserve your ability to independently pursue, at your own expense, any individual claims that you claim to have against Defendant.
No person who has opted out of the Settlement may object to any part of the Settlement Agreement.
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11. What happens if I object to the Settlement?
If you object according to the steps below, the Court will consider your objection. If it overrules your objection, you will be
bound by the Court’s decision, and you will remain a part of the Settlement Class.
You will receive a settlement payment if the Court grants final approval.
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12. 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
submit to the Settlement Administrator at Berryman v. Avantus, LLC, c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486,
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, phone number, and the basis of your objection including any documentation, and
include a notation that it is for “Berryman, Jr. v. Avantus, LLC.” The deadline to postmark an objection to the
Settlement Administrator is April 8, 2024. If you are represented by counsel in your objection, include that attorney’s information.
If you fail to timely serve a written objection, you shall not be permitted to object to the approval of the Settlement or
Settlement Agreement and shall be foreclosed from seeking any review of the Settlement or the terms of the
Settlement Agreement by appeal or other means.
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13. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on May 8, 2024 at 10:00 a.m. at 141 Church Street, New Haven, Connecticut 06510.
At the Final Approval 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
after the hearing. 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.
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14. Where can I get additional information?
The 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 visiting the
Important Documents page.
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