“Each credit reporting agency has agreed to implement
a system-wide modification of its procedures. The result will be an
unprecedented change that benefits not only the members of the classes
but anyone who might have been adversely affected by the problem in
the future. This is a major achievement for the classes and for consumers
in general.
Plaintiffs concluded that, when placed on the scales, the value
and importance of this ‘bird in the hand’– namely, correction of
the credit reporting problem – was worth more than the speculative
possibility a class could eventually recover a sizable damages verdict
that might not survive an appeal. Simply put, the choice was between
a practical remedy now and a difficult shot at a class-wide monetary
recovery later.
Plaintiffs were also faced with the inevitable uncertainties of
litigation. The theory of these cases was untested, and these class
actions were the first ever certified involving the credit reporting
industry’s ‘Big Three’. There was the possibility that the Plaintiffs
could lose the cases on the merits, that they could be decertified
as class actions, that the certification decision could ultimately
be reversed on appeal, or that a large damages verdict could be
lost on appeal. All of these possibilities had to be considered.
In the end, the time, effort, and expense (over $1 million per case
for the cost of class notice alone) invested could have come to
nothing.”
-From Plaintiffs’ Declaration filed
March 25, 2003. For complete
text, see Documents.
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