Berryman v. Avantus, LLC

Case No. 3:21-cv-01651

www.BerrymanSettlement.com

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

THIS NOTICE IS AUTHORIZED BY THE U.S. DISTRICT COURT

Your rights and options – and the deadlines by which to exercise them – are explained in the Notice.
Please read the Notice carefully in its entirety.

  • There is a proposed Settlement in a 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 this 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.
  • The parties have reached a proposed Settlement in the lawsuit. The Settlement has not been approved by the Court yet. The Notice explains your options.
  • If you remain in the Class, and the Court approves the Settlement, you will receive a settlement payment automatically if you are in the Automatic Payment group. If you are in the Claim Form group, and you return a timely, valid Claim Form, and the Court approves the Settlement, you will receive a settlement payment as well.
  • If you take no action, you will still be bound by the Settlement and its releases.
  • This website is only a summary of the proposed settlement. More details about the proposed settlement including answers to frequently asked questions can be found in the Notice which is available on the Important Documents page.
YOUR LEGAL RIGHTS AND OPTIONS:
STAY IN THE CLASS If you do nothing, you will be bound by the Court’s decisions regarding the Settlement. You will not be able to pursue any potential claims against the Defendant that have been released as part of the Settlement. Review the full release included in the Settlement Agreement, which is posted on the Important Documents page.
 
Depending on which group your mailed or email Notice indicated you are in, you may need to return a Claim Form in order to receive payment:
Automatic Payment Group
 
If you are in the Automatic Payment group, you do not have to do anything to receive a payment. If the Settlement is approved, you will be sent a check. 		Claim Form Group
 
If you are in the Claim Form group and are eligible to receive a payment, you must complete and return a Claim Form by April 8, 2024 in order to receive a payment.
EXCLUDE YOURSELF FROM THE SETTLEMENT You can opt-out of the Settlement if you want to maintain any legal rights you may have against Defendant. But if you opt-out, you will not receive a settlement payment if the Court grants final approval.
 
To opt-out from the Settlement, you must send a written request addressed to the Settlement Administrator and state that you wish to be excluded from the Settlement and include the information discussed in more detail in the Notice. The opt-out deadline is April 8, 2024.
OBJECT TO THE SETTLEMENT You have the right to write to the Court to object to the Settlement if you believe it is unfair. You would remain a part of the Class and be bound by the Court’s decisions regarding the Settlement. The objection deadline is April 8, 2024.
www.BerrymanSettlement.com • (833) 215-9289 • questions@BerrymanSettlement.com
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