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Case ID: 4414 | Credit / Debt | 08/22/2005
As many as 2.3 million former Sears credit cardholders will receive discount coupons from Sears Holdings Corporation under a settlement filed by the retailer, according to several published reports.
The settlement pertains to a lawsuit brought by former Sears credit cardholders that accuses Hoffman Estates, IL-based Sears of violating the Fair Credit Reporting Act by pulling credit data when there was no permissible purpose, according to the reports. The settlement was approved August 16, 2005 in Riverside, California federal court. Sears will give discount coupons of $10 to $15 to individuals whose credit data the retailer retrieved after it had closed and sold their accounts, the reports said. The filing reportedly indicates that as many as 2.3 million people may be entitled to participate in the settlement. A spokesman for Sears told reporters that the company settled to avoid costs of further litigation and admitted no wrongdoing. The settlement involves individuals with Sears accounts that were closed and sold to collection agencies between Oct. 1, 2002, and May 31, 2003, and whose credit information the retailer obtained. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Credit / Debt Cases of Interest A nationwide class action has been filed in New York against Pressler & Pressler, P.A. The action is brought on behalf of all consumers who, since December 1, 2002, received a "form" type collection letter from Pressler & Pressler attempting to collect a debt for Capital One Bank that included a legal style caption on the letter. According to consumers, Pressler & Pressler has violated the federal Fair Debt Collection Practices Act by making false and misleading assertions in an attempt to collect a debt. Consumers are seeking unspecified compensatory and statutory damages, disgorgement of profits and declaratory and injunctive relief. Do you ever feel swamped by all those pre-approved credit card offers that show up in your mailbox? On November 22, 2004 the court granted final approval to the settlement agreement submitted by the parties in a class action that had been filed against Fleet Bank (R.I.), N.A. on behalf consumers who alleged that the credit card issuer mislead them by promising a "fixed" low interest rate on its credit cards and then raising the rate just one year later in violation of state unfair trade practices laws and the federal Truth in Lending Act. The action sought unspecified compensatory and punitive damages.
A statewide class action has been filed in Illinois against credit giant Experian Information Services as a result of allegedly fraudulent activities revolving around Experian's offer of free credit reports through its consumerinfo.com website. According to consumers, the offer of a "free" credit report is, in fact, a scam to get consumers to sign up for Experian's $79.95 CreditCheck service. The action is brought on behalf of all residents of the state of Illinois who, since November 5, 2000, utilized Experian's offer for a free credit report by entering their credit card or debit card information, and who were charged for Experian's CreditCheck service as a result and have not received a full refund of charges for this service. The action is brought under Illinois consumer protection statutes and seeks unspecified compensatory damages, injunctive and declaratory relief as well as disgorgement of all profits and compensation obtained by the defendants through their alleged fraudulent activities. A national class action has been filed in Pennsylvania against FleetBoston Financial Corporation, who operate under the name Fleet Credit Card Services. The action is brought on behalf of all U.S. residents who, since February 2002, have had unauthorized credit report inquiries made by FleetBoston. The action is brought under the federal Fair Credit Reporting Act and seeks actual, statutory
and punitive damages.
A class action lawsuit has been filed in the Southern District Court of Ohio against Javitch Block and Rathbone LLP for violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek compensatory damages (including damages for humiliation), attorney's fees and costs of the litigation. State and federal laws limit the amount of interest that a business may charge on a loan. The parties have reached a tentative settlement in an Indiana class action against short-term loan provider E-Z Cash Systems, Inc. on behalf of all persons who took out a loan with the business and were forced to pay an interest rate that was allegedly too high in violation of state and federal lending laws.
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