In a Class Action, one or more people, called Class Representatives (in this case, Robbie Hillis and
Christy Slack), sue on behalf of all other similarly situated people, the "Class," who have similar claims. If
the Court approves class certification, all of these people are called "Class Members." One Court resolves the
issues in the case for all Class Members, except for those who exclude themselves from the Class.
The "Notice" you received refers to the settlement of the Hillis/Slack class action lawsuit against
Equifax Consumer Services, Inc. ("Equifax") and Fair Isaac Corporation ("Fair Isaac") (discussed below in
"What is the Hillis/Slack Class Action about?"). You received the Notice because you
have been identified to be a Class Member.
A Federal Court ordered and directed that the Notice be sent to you so that you could decide if you wanted to be
included as part of the Settlement and receive the benefits under the Settlement, or if you wanted to opt-out
(exclude yourself) from the Settlement Class, or if you wanted to comment about the Settlement.
The list of email and U.S. Mail addresses for mailing the Settlement Notice was taken from the
Defendants', Equifax's and Fair Isaac's, records pursuant to the Federal Court's order. The emailing and/or mailing
will not result in disclosure of your financial or other identifying information. All reasonable efforts were
undertaken to email and/or mail the Notice only to potential Class Members.
The Plaintiffs in this class action assert that the Defendants, Fair Isaac Corporation, Equifax
Consumer Services, Incorporated, and MyFICO Consumer Services, Incorporated, were credit repair organizations
because they sold services for the purpose of improving a customer’s credit record, credit history, or credit
rating. The Plaintiffs allege that the Defendants violated certain sections of the federal Credit Repair
Organizations Act (“CROA”) in the course of the marketing and sales of their credit score and credit repair
products. Certain violations of a California law similar to CROA were also alleged against some of the
Defendants. The Plaintiffs brought two lawsuits against the Defendants on behalf of themselves and all consumers who
purchased certain credit Offerings from the Defendants. The Defendants deny all allegations
of wrongdoing and contend they have complied with all applicable laws, but the Defendants have agreed to settle
the case to avoid the time, expense, and distraction of protracted litigation. The Settlement is not an
admission of wrongdoing and does not indicate a violation of any law. The Defendants have agreed to settle the
lawsuit to avoid the uncertainty, expense, and delay of continued litigation.
The Parties in the Settlement have agreed that Class Member customers of Equifax and Fair Isaac
should be able to receive the benefits of the Settlement. You are a Class Member and your legal rights will be
affected if all of the following circumstances apply to you:
- You are a consumer residing in the United States.
- You entered into an agreement with any of the Defendants to purchase an Offering.
- You entered into the agreement between November 19, 1999 and February 8, 2007.
- You paid any of the Defendants for that Offering and you did not later receive or obtain a complete refund from any source regarding the agreement or a third party paid any of the Defendants for the Offering on your behalf.
- You received any of the following Offerings for sale by Equifax or Fair Isaac:
- Score Power®
- Credit Watch™
- Score Watch™
- 3-in-1 Monitoring
- Credit Rankings™ with Score Power®
- Credit Rankings™ with 3 in 1 with Score Power®
- Credit Rankings™ with Credit Report
- Credit Rankings™ with 3 in 1
- 3-in-1 with Score Power®
- Score Power® by mail
- Credit Watch™ by mail
- FICO® Score (with Equifax, TransUnion or Experian reports)
- FICO® Deluxe
- Suze Orman FICO® Kit
- CreditSync
- Credit Advantage
- You are not included in the Settlement Class if any of the following apply:
- You are a judicial officer in the United States or a judicial officer’s family member through a third degree of relationship.
- You are an officer, director, employee, or counsel of the Defendants.
- You are a person who has already settled or otherwise compromised their claims against the Defendants.
- You are a person who has elected to exclude yourself from the Settlement (i.e., Opt-Out).
- You are a person who has pending against any of the Defendants on the date of entry of the Preliminary Approval Order any action wherein the recovery sought is encompassed by these two cases.
Yes. If you received one of the Offerings listed in the previous question but it was paid for by a third party, you are a Class Member as defined in the Settlement. For example, some companies make the Offerings available to their clients and employees at no charge to the client or employee. Rather, the company pays the Defendants for the Offering. If you received an Offering under these circumstances, you are a Class Member.
The Court approved the Settlement at the Fairness Hearing scheduled on June 4, 2007,
approving the following benefits for Settlement Class Members:
- If you are a Class Member who received an Offering from only one of the Defendants you are eligible to receive 3 free
months of Score Watch from that Defendant; or
- If you are a Class Member who received an Offering from both of the Defendants you are eligible to receive 3 free
months of Score Watch from each of the Defendants making a possible total of 6 free months.
There are no prerequisites to receiving your free Score Watch, a real value, other than completing and sending
the Authentication Form. You will not have to purchase anything or provide credit card
information. These months of Score Watch come with no strings attached. Score Watch is an offering offered for sale by both
Equifax and Fair Isaac. It monitors a consumer’s Equifax credit file and FICO® score, and provides up to
two Equifax Score Power reports. The current retail value of Score Watch is approximately $7.95-8.95 per month.
In addition to the Settlement benefit offered directly to the Class Members, the Defendants
have agreed to implement, within 60 days after the Effective Date, other changes to their marketing and
sales materials. The Defendants will make certain changes to their Offerings and to "Associated
Literature." Associated Literature includes all marketing and advertising used in connection with the
Offerings, including radio, television, print, and internet banner advertisements, email campaigns,
newsletters, marketing and advertising statements contained in Defendants’ websites, internet keyword
purchases/auctions, metatag embedment, and search engine optimization. The Defendants have agreed to do the following:
- Defendants agree that their Offerings and Associated Literature will not use the following terms: "improve," "enhance," "boost," "raise" and "increase" in the same phrase as "score" or "rating"; however, an exception will be allowed when discussing hypothetical examples in the Score Simulator, such as "These Actions May Improve My Score";
- Defendants agree that their Offerings and Associated Literature will not use the phrases "credit repair," "credit rebuilding," "credit fix," "repair your credit," "fix your credit" or combinations of those words; provided however, that the Defendants may use such terms in the disclaimer described in Paragraph v. below and may post links on their Websites to the FTC’s or similar state agencies’ webs sites;
- Defendants agree that their Offerings and Associated Literature will not use the terms "advice", "tips", "suggestions" and "instructions" in the same phrase as "improving," "enhancing," boosting," "raising" and "increasing" a credit score or credit rating;
- Defendants agree that their Offerings and Associated Literature that refer to the Score Simulator will add an explanation regarding the general nature of the simulated score associated with the Score Simulator, and will not suggest that the simulated score is "always" (or its equivalent) predictive of one’s actual score;
- A disclaimer that Defendants are not credit repair organizations, or similarly regulated organizations under other applicable laws, and do not provide credit repair advice shall be prominently displayed in bold at the top of the Terms of Use displayed by Defendants during the purchase process on the Defendants’ Websites;
- Fair Isaac agrees that Associated Literature that refers to the Personal Coaching modules in its FICO® Kit will make clear that any such modules will focus on issues such as debt relief, buying a car, etc., and not the improvement of an individual consumer’s credit score;
- Fair Isaac agrees that its FICO® Kit will delete the "Suze’s FICO School" and "FICO Improvement Plan" modules;
- Fair Isaac agrees that it will also offer on its Website for free a module similar to that offered in the FICO® Kit to assist a consumer to write a letter to a credit bureau listing potential errors identified by the consumer in his or her credit report, and that Associated Literature related to this module will only list that feature as one of the several features of the FICO® Kit but will not emphasize that feature over any other feature or suggest that it has any independent value;
- Equifax agrees to maintain a link to www.annualcreditreport.com on the Equifax Consumer Website; and
- Fair Isaac agrees that it will place a link to www.ftc.gov/credit on the home page of the Fair Isaac Consumer Website.
At the Fairness Hearing, the Court found that upon implementation of the changes described above, none of the Defendants will fall within the statutory definition of a "credit repair organization" contained in 15 U.S.C. § 1679a, a "credit services
organization" contained in Cal. Civ. Code § 1789.12 or the equivalent term defined in a substantially similar manner contained
in a State CROA Statute.
A Fairness Hearing was held before the United States District Court of the Northern District of Georgia, Richard
B. Russell Federal Building and Courthouse, 75 Spring Street SW, Atlanta, GA 30303 in Courtroom 1708, on June 4, 2007 at 10:00 a.m.
At the hearing, the Court approved the Settlement, approved the award of $4,000,000.00 in fees and expenses to Class Counsel, and approved the Incentive Awards in the amount of $7,500.00 to Class Representatives Hillis and Slack. An appeal was subsequently filed. The appeal has been resolved.
By September 21, 2007, you will receive an email Notice of Eligibility informing you of Final Approval and reminding you to complete and send the Authentication Form if you have not already done so, and informing you that a Benefit Code Notice (once finalized a sample will be available online herein) will be forthcoming by email.
The Settlement Class is being represented by two law firms: Pope, McGlamry, Kilpatrick, Morrison & Norwood, LLP at The Pinnacle, Suite 925, 3455 Peachtree Road N.E., Atlanta, GA 30326-3243, and Battle, Fleenor, Green, Winn, & Clemmer, LLP at 505 North 20th Street, Suite 1150, Birmingham, AL 35203.
The Defendants in this litigation include Equifax Consumer Services, Inc., Fair Isaac Corporation, and MyFICO Consumer Services, Inc.
The Defendants are being represented by four law firms: Kilpatrick Stockton LLP at 1100 Peachtree Street, Suite
2800, Atlanta, GA 30309-4536, Howrey LLP at 321 North Clark Street, Suite 3400, Chicago, IL 60610, Gibson, Dunn & Crutcher LLP
at One Montgomery Street, Suite 3100, San Francisco, CA 94104, and McKenna Long & Aldridge LLP at 303 Peachtree Street, Suite
5300, Atlanta, GA 30308.
If you are a Class Member and you wish to receive free Score Watch under this Settlement, you need
only complete and submit an Authentication Form. This Authentication Form is
necessary to assure that Equifax, Fair Isaac and Class Members’ privacy rights are protected and to assure that
only Class Members receive the free Score Watch. The easiest and cheapest way to submit the Authentication Form
is online herein. The Authentication Form is available at the Settlement Website
at www.hillisslacksettlement.com. An Authentication Form may also be requested by calling the Settlement
Administrator at 1-800-262-0454 or by sending a written request to the Settlement Administrator at Hillis-Slack Settlement, c/o The Garden City Group, Inc., P.O. Box 9114, Dublin, OH 43017-4114.
The deadline for submission of the Authentication Form is November 20, 2007. The
Settlement has become completely final. The appeal has been resolved. Mailed Authentication Forms must be postmarked by November 20, 2007, and addressed to Settlement Administrator at Hillis-Slack Settlement, c/o The Garden City Group, Inc.,
P.O. Box 9114, Dublin, OH 43017-4114.
Effective Date shall mean the date on which the Judgment becomes Final.
Final means the termination of the Litigation after each of the following events: (i) the Settlement Agreement is
approved in all respects by the Court; and (ii) a Judgment of dismissal with prejudice is entered with respect to
the Plaintiffs and all Settlement Class Members who do not Opt-Out as provided by Rule 23 of the Federal Rules of
Civil Procedure and the time for the filing of any appeals has expired (30 days) or, if there are appeals, approval
of the Settlement and Judgment has been affirmed in all respects by the appellate court of last resort to which
such appeals have been taken and such affirmances are no longer subject to further appeal or review.
Update: The Court entered a Final Approval Order on June 4, 2007. An appeal was filed.
Update: The Effective Date has been set at September 6, 2007. The Settlement is now completely final. The appeal has been resolved.
If you have read the information regarding the lawsuit located on the home page and these FAQs but have additional
questions concerning the Settlement or completing the Authentication Form, you may call the Settlement Administrator at
1-800-262-0454 between the hours of 9 a.m. and 8 p.m. Monday through Friday Eastern Standard Time to obtain an Authentication
Form, request assistance in filling it out, or request additional information. Please note that you cannot make a claim over
the telephone, and must still submit your Authentication Form in writing (electronic or by mail) by the deadline.
Score Watch™ is an offering for sale by both Equifax and Fair Isaac. It continuously monitors
a consumer’s Equifax credit file and FICO® score, and provides up to two Equifax Score Power™
reports which include an Equifax credit report and a FICO® score report. The current retail value of Score
Watch™ is approximately $7.95-8.95 per month. Benefits of Score Watch include: email notification when a change
in your FICO® score impacts the interest rate you may receive; explanations of key score changes; an explanation
of what your most current score means, and a graph of how lenders view you. Customer service is also provided.
Assuming that you timely and properly submit an Authentication Form, between December 5, 2007 and June 2, 2008,
you will receive your benefit in the form of an electronic Benefit Code Notice via email. The deadline for submitting an Authentication Form is November 20, 2007. You may submit your Authentication Form online at www.hillisslacksettlement.com, or download an Authentication Form and submit it by mail to the address on the Form postmarked by November 20, 2007.
A Benefit Code is simply a number provided to you by email with a link to Equifax.com or myFICO.com where all you will have to do to receive your free Score Watch is complete the verification process and plug in the benefit code. You will not be asked or solicited to purchase anything. If your email changes, you must provide the Settlement Administrator with your updated email address, otherwise you may not receive the Benefit Code. You will be able to use this Benefit Code at the appropriate Defendants’ website in order to obtain your free Score Watch. You may check the Settlement Website at www.hillisslacksettlement.com for updates on the distribution of the Benefit Codes.
Assuming that you timely and properly submit an Authentication Form, the Settlement Administrator will distribute Benefit Code Notices between December 5, 2007 and June 2, 2008. The Settlement Agreement allows the Settlement Administrator up to six
months to complete distribution to all eligible Class
Members. You may check the Settlement Website at www.hillisslacksettlement.com for updates on distribution
of the Benefit Codes.
If you are a Class Member but have not filed an Authentication Form, you are
not eligible to share in the settlement benefits, but you are bound by the final order and judgment of the court and you are
deemed to have released all claims which were made, or which could have been made, in the lawsuit.
The deadline for Class Members to exclude themselves has passed.
No, if a Class Member has opted-out, he/she is not eligible to receive any benefit under the settlement.
The deadline for Class Members to object or comment on the Settlement has passed.
Due to an oversight, a small group of Class Members (the "5500 Class Members") were identified after the deadlines established by the Court for the sending of Notice. The 5500 Class Members were sent Notice on or about April 30. If you are a 5500 Class Member, your Notice clearly states at the top "You Are a 5500 Class Member". If your Notice does not contain this heading, you are NOT a 5500 Class Member.
In order to provide the 5500 Class Members with adequate time within which to review the Proposed Settlement, the deadline for the 5500 Class Members to exclude themselves or opt-out of the Settlement was extended to May 30, 2007. This extension of the deadline only applied to the 5500 Class Members. If you are not a 5500 Class Member, your deadline to exclude yourself or opt-out remained May 4, 2007.
Counsel for the Settlement Class pursued the Litigation on a contingent basis and paid all the costs of the Litigation. At the Fairness Hearing, the Court approved Class Counsel’s Fee and Expense Application in the amount of $4,000,000.00 and approved a $7,500 Incentive Award to each of the Plaintiffs (Robbie Hillis and Christy Slack). None of these payments will reduce the benefits you receive. The Court awards to Class Counsel and the Plaintiffs will be paid by the Defendants.
The settlement was preliminarily approved by the Federal Court on February 8, 2007. On March 19, 2007, the Court issued a Supplemental Order with respect to the Settlement.
Final Approval of the Settlement was granted on June 4, 2007 at the Fairness Hearing. An appeal was filed.
The Settlement is now completely final. The appeal has been resolved. The Effective Date has been set at September 6, 2007.
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