Author Topic: Class Action Lawsuit against Lexington Law  (Read 6451 times)

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duh

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Class Action Lawsuit against Lexington Law
« on: January 13, 2012 02:18:23 AM »
Did anyone get a notice about a class action lawsuit
against Lexington Law.

I did because I was using then for a while.

It came in an email on Tue. but got sidetracked to spam.

Anyway, just looking for comments.

I would link it to here but don't know how so this is a copy and paste of the first page.

Admin...
I know it does not conform to our preferred writing etiquette on here , however...
this is the way it came to me... I apologize in advance.

LEGAL NOTICE

IF YOU HAD A CONTRACT FOR CREDIT REPAIR SERVICES WITH John C. Heath Attorney at Law, PLLC, d/b/a
Lexington Law Firm, or Adam C. Fullman, d/b/a Lexington Law Firm California,
YOU MAY BE ENTITLED TO BENEFITS FROM A CLASS ACTION SETTLEMENT

Visit www.croasettlement.com for more information

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

A proposed class action settlement has been reached in the above captioned case brought against the defendants John C. Heath Attorney at Law, PLLC, d/b/a Lexington Law Firm, and Adam C. Fullman (the "Defendants"), in the United States District Court for the Northern District of California. The Settlement resolves a lawsuit over alleged violations of the Credit Repair Organizations Act, 15 U.S.C. § 1679 et. seq. Your legal rights may be affected whether you act or don't act. Please read this notice carefully. Please visit www.croasettlement.com to read the full agreement and submit a claim.

What is the Lawsuit About?

This lawsuit alleges that Defendants, among other matters, more fully defined in the Settlement Agreement, a copy of which is available at www.croasettlement.com, unlawfully restricted consumers from having direct contact with national credit bureaus such as Transunion, Experian, and Equifax. This lawsuit seeks to represent a group or "Class" of persons who were subject to such restrictions.

Defendants and other released parties deny that they or other released parties violated any law. The Court has not determined who was right. Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties, expenses, and waste of resources that will result from further litigation. This notice is not an admission of wrongdoing by any party.

How Do I Know if I am a Class Member?

You are a member of the Class if you are a current or former customer of the Defendants in the United States and its territories who, between June 24, 2005 and December 8, 2011, was in a contract with the Defendants for credit repair service.

What Can I Get From the Settlement?

If you are a class member who files a valid claim by submitting either the Online Registration Form or the Registration by Mail Form before the deadline, and the Court approves the settlement, you are entitled to Settlement Benefits. The settlement offers class members two forms of relief: service improvements and certificates. Defendants agree they will not institute any policy or use any contract that contains any provision that prohibits customers from having direct contact or communications with the credit bureaus (i.e., contact without the assistance of Defendants or any third party).

Class members will also be able to receive certificates for a choice of certain comprehensive identity theft protection or credit maintenance program services, which are fully transferable up until the point of activation. John C. Heath Attorney at Law, PLLC ("Heath, PLLC") has agreed to provide between $6,250,000 and $12,500,000 worth of certificates to Class Members who elect to participate in the Settlement by submitting a registration form (either online or by mail). Detailed information on the identity theft protection services and credit maintenance program services is available at www.croasettlement.com.

How Can I Receive Settlement Benefits?

To qualify for benefits, you must submit a timely, truthful, accurate, and properly completed Online Registration Form or Registration by Mail Form. You may either submit the Online Registration Form at www.croasettlement.com by following the instructions found with the link, or you may mail a completed Mail by Registration Form, which must be submitted or postmarked no later than April 6, 2012 to:
Attention: John C. Heath or Adam Fullman
360 North Cutler Drive, North Salt Lake, Utah 84054
   

What are My Other Options?

You or your lawyer has the right to appear before the Court and object to the proposed Settlement. Your written objection must be submitted by February 24, 2012. If you do not wish to be a member of the Class, you may exclude yourself by writing to the Settlement Administrator. Specific instructions are available at www.croasettlement.com. Your request must be submitted by February 24, 2012.

If you do nothing you will be in the Class, and if the Court approves the settlement, you will also be bound by all orders and judgments of the Court. If approved, your claims against Defendants and other released parties for any and all claims in conjunction with credit repair services will be released.

Who Represents Me?

The Court has approved Jay Edelson, Steven L. Woodrow, and Rafey Balabanian of Edelson McGuire, LLC to be the attorneys representing the Class in this case. These attorneys are referred to as Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

Class Counsel will ask the Court for attorneys' fees and expenses of up to $965,000. Heath, PLLC has agreed to pay the Class Representative $10,000 for her services in helping to bring and settle this case. The Court may award less than these amounts.

When will the Court Consider the Proposed Settlement?

The Court will hold the Final Approval Hearing at 10:00 A.M. on March 16, 2012 at the United States District Court for the Northern District of California located at Courtroom 6, 17th Floor, 450 Golden Gate Avenue, San Francisco, California 94102. At that hearing, the Court will hear any objections concerning the fairness of the settlement that have been properly requested, as set forth above. The hearing may be postponed to a different date or time without notice. You are not required to come to the Final Approval Hearing.

How Do I Get More Information?

The exact release and the definition of released parties contained in the settlement are far more detailed, and you may want or need to consider it before making your decision about participating in the settlement. Likewise, much more detail about all of the provisions, including the IdentityProtectsm and Credit Repair Maintenancesm services, is contained in the full Settlement Agreement. For more information about the proposed settlement and a copy of the full Settlement Agreement and the Notice and Claim Form, go to www.croasettlement.com. You may also contact Class Counsel, at the address or phone number below for any reason, including requesting a copy of the Settlement Agreement. If you contact Class Counsel in writing, please include the case name and number, and your name and your current return address on any letters, not just the envelopes.


CLASS COUNSEL
Jay Edelson, Esq.
Steven L. Woodrow, Esq.
Rafey Balabanian, Esq.
EDELSON MCGUIRE, LLC
350 North LaSalle, Suite 1300
Chicago, IL 60654
Tel: 1 (866) 354-3015

I am not an attorney. My posts about my experiences are for entertainment and  possibly educational purposes only.

If you need legal help, you should seek legal counsel.

salsal

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Re: Class Action Lawsuit against Lexington Law
« Reply #1 on: January 30, 2012 06:47:03 PM »
I am happy to have found someone else who has got this email. I am not sure what to think, but a friend told me to reply with my info, so I did. I used Lexington from 2008- 2011 with a few breaks between. Anyway, I did hit the link and submit my info. Can you tell me anymore info? I hope its not like a scam to get info. Well thanks for the posting.   :D

Admin0619

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Re: Class Action Lawsuit against Lexington Law
« Reply #2 on: January 30, 2012 06:53:23 PM »
I am happy to have found someone else who has got this email. I am not sure what to think, but a friend told me to reply with my info, so I did. I used Lexington from 2008- 2011 with a few breaks between. Anyway, I did hit the link and submit my info. Can you tell me anymore info? I hope its not like a scam to get info. Well thanks for the posting.   :D

Please use line breaks/paragraphs between subject changes in your post. This breaks it up and makes it easier to read.

If you have questions or require assistance, please PM an Administrator or Moderator.

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silverzgirl

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Re: Class Action Lawsuit against Lexington Law
« Reply #3 on: January 30, 2012 07:19:10 PM »
A word on class actions: don't.

I got word of one from my atty and signed on. TU was selling your info to outside marketing sources going back to the 80s. That is a no-no. I figured it would be a rather decent sum since the majority of people took their "free credit monitoring" service, 68K signed up and 75M was the settlement. I had to accept fast as the first 14000 or so got into "group 1" which got paid automatically, while "group 2" (everyone else) would have to wait for appeal.

Even with lawyers taking 30-40 percent it would be nearly 1K.

Not so. They take most of the settlement amount and then they skim off the winnings which was around 450 bucks (your fees to them). You also pay 40 bucks to e-sign the settlement. In the end, group 1 got about 210 bucks. That is 14M. Group 2 got nothing.

Somehow I got into group 2 as the firm lied about who really winds up in which group (later emails say TU determined who wound up where, and this was not a first accept first serve deal). The appeal process is dragging and it will be 2013 before group 2 hears a thing. I may never see a dime. I would have been better pursuing this on my own in hindsight.

Class actions: enter at your own peril.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

trueq

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Re: Class Action Lawsuit against Lexington Law
« Reply #4 on: January 30, 2012 09:17:54 PM »
Generally, I opt out of class actions.

They are usually bad deal for consumer in class.

I did stay in TD Ameritrade Class for compromising my personal info.    I did not plan on suing them and got a check for $250 for staying in the class.   That was one where I did not opt out.

That was the rare exception.    I've opted out of the other 23 class action notices that I've received past 24 months.

A few of them, I took the time and sent excoriating letters on what a bad deal the proposed class settlement would be.   Those letters were no holds barred on the scam artists that were the class lawyers for proposing such pathetic settlements.   As far as I know, court did not approve proposals in cases where I attached an excoriating letter with the opt out.

Many times just 2% opting out can wreck the proposal and force a better possible deal.

So don't be afraid to opt out if you are getting literally nothing.   In fact, as in case of FIA West Virginia class settlement it could put you in a WORSE legal position if you don't opt out!
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

WinningTheBattle2010

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Re: Class Action Lawsuit against Lexington Law
« Reply #5 on: January 30, 2012 09:35:42 PM »
  I received a letter from Independent Forecloser Review"   it suposedly is for when
Bo#A forclosed on my home in 2010.  It looks like a class action also.

   They however want my information and if I felt I had been Hoodwinked by B##A.
Would this be a good one to go with or to opt out?

WTB
I DONATE , do you?
I am not a lawyer, any/all information on my answers should be considered my thoughts only, Not Legal Advice.

howucantoo

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Re: Class Action Lawsuit against Lexington Law
« Reply #6 on: January 30, 2012 09:45:04 PM »
Independent review is conducted by banks  , it's not a foreclosure class action.

I ignored it, bank wants to know if one is going to sue later. I am sure, they will properly be notified, no need for heads up !

Read it carefully and you'll see among questionnaires is something like " tell us if we had cause any damages ?"

 Class action is going forward with damages not asking if harm was done. 
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

joeam

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Re: Class Action Lawsuit against Lexington Law
« Reply #7 on: February 08, 2012 05:15:23 AM »
I will not reply to this lawsuit even though I got a letter today, because it is just another lawyer scamming another lawyer. I would rather give them both guns and let them kill each other.

The people that need to be sued and regulated are the credit rating companies that can place erroneous and slanderous information on your credit and not be held accountable for doing so.

Why aren't these law firms taking that kind of action in a federal court to stop that? I will tell you why; because the on-line and in person credit repair law firms are all about big business and getting people to hire them for billions a year to fix something on their credit that should not be there in the first place.

If the US federal courts laid down a process whereby and individual could sue the credit companies civilly for damages for  putting out a false low credit score based on erroneous information , <Removed> would stop real quick.

Guess in summary, I just hate most lawyers especially when they eventually become lawmakers and politicians and then really put the screws to all of us on a wider scale basis. This lawsuit ...... just another lawyer finding a way not to make a real living!
« Last Edit: February 08, 2012 05:19:21 PM by Admin0248 »

CleaningUp

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Re: Class Action Lawsuit against Lexington Law
« Reply #8 on: February 08, 2012 05:21:17 PM »
You sure don't know much about the Credit Repair Organizations Act or the Fair Credit Reporting Act.

You might want to do some reading and reconsider your little screed.

Don't blame them for YOUR not being proactive in protecting your rights and your credit reputation.


Fighting Irish

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Re: Class Action Lawsuit against Lexington Law
« Reply #9 on: February 08, 2012 08:01:27 PM »
Really, when you are a member of the choir, preaching is ineffective: they already agree with you.

Most of us are here to learn to deal with attorneys, not to vent about them.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

NotBonJovi

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Re: Class Action Lawsuit against Lexington Law
« Reply #10 on: February 08, 2012 11:28:15 PM »
Really, when you are a member of the choir, preaching is ineffective: they already agree with you.

Most of us are here to learn to deal with attorneys, not to vent about them.

+1

This forum is about defending oneself effectively, not impotent kvetching that doesn't help anyone.
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