Martinez v. Avantus, LLC

Case No. 3:20-cv-01772



A federal court authorized this Notice. This is not a solicitation from a lawyer.

Plaintiff Marvel Martinez filed a class action lawsuit against Defendants Avantus, LLC and Xactus, LLC, successor in interest to certain assets of Avantus, LLC (“Defendants”) alleging that Defendants failed to maintain reasonable procedures to assure the “maximum possible accuracy” of information associated with consumers, in claimed violation of the Fair Credit Reporting Act, or “FCRA.” On January 5, 2023, the Court ordered that the case should proceed as a class action. The parties later reached a settlement that resolves the claims of the following people (the “Class”):

All persons residing in the United States and its Territories about whom Defendants sold a consumer report to a third party that included any OFAC record where there is not a match between the date of birth, address, or social security number of the subject of the report and the corresponding person on the SDN list, using its proprietary UltraAMPS OFAC product, during the period beginning July 6, 2020 and ending February 28, 2023.

“SDN” means a “Specially Designated National,” an individual who is included on the U.S. Department of Treasury’s Office of Foreign Asset Control or “OFAC” sanctions list.

The Settlement will provide a settlement fund of $6,760,000 to pay people who are members of the Class. Lawyers for the Class will ask the Court for up to one-third of the settlement fund—as fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement—and for $15,000 to be paid to the Class Representative, Marvel Martinez, for his services to the Class.

Your Legal Rights and Options In This Settlement:
You Can Do One or More of the Following
Do Nothing Receive a payment of $100.
File A Claim If you incurred damages as a result of the Defendants’ alleged violations of the law, you may choose, instead of the automatic payment of $100, to file a claim for damages. By filing a claim, you will receive a higher cash payment described more fully below. Click here to file a claim online.
Object Write to the Court about why you don’t like the Settlement.
Request Exclusion Ask to be excluded from the Settlement. You will not release any claims, or receive any payments from the Settlement.
Go to a Hearing Ask to speak in Court about the fairness of the Settlement.

These rights and options — and the deadlines to exercise them — are explained in the Notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient. • (833) 609-0397 •