LEGAL NOTICE OF CLASS ACTION SETTLEMENT
A Settlement has been reached in a class action lawsuit asserting Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”)
violations against Xactus LLC, (“Xactus”), and Credit Plus LLC, (“Credit Plus”), together (“Defendants” or “Xactus”), based on the claim
that Defendants failed to assure maximum possible accuracy when Credit Plus sold consumer reports to mortgage lenders which included
estimated monthly payments on charged off accounts which Plaintiff asserts had not been reported by creditors but instead was calculated
by Defendants. Specifically, Plaintiff Yaakov Cinner asserts that Credit Plus sold a “merged infile credit report” that included an
estimated non-zero monthly payment obligation on one of Plaintiff’s charged off credit accounts, although Plaintiff did not owe
any monthly payment on the account because he had paid it off and two of the three major credit reporting agencies reported the account
with a $0 balance. Plaintiff asserts that Credit Plus’s estimation of a monthly payment on this account made it appear as if his
monthly debt obligations were higher than they actually were.
Plaintiff’s legal claim is that Defendants violated a federal law called the Fair Credit Reporting Act by failing to follow
reasonable procedures to assure the maximum possible accuracy of the information it reported. Plaintiff alleges that Defendants acted
in the same way with respect to other individuals, called the “Class.” The lawsuit is known as
Cinner v. Xactus, LLC, 2:23-cv-04531-JMY (E.D. Pa.).
Defendants have denied and continue to deny Plaintiff’s allegations and deny that they violated the FCRA or engaged in any wrongful acts.
Nevertheless, Plaintiff and Defendants have agreed to resolve the claims of a group of consumers defined as:
For the period beginning on November 16, 2021 and continuing through the date of the Court’s Preliminary Approval Order, all
natural persons with an address in the United States and its Territories about whom Credit Plus prepared and sold a
Merged Infile Credit Report to a third party where the merged component of the report displayed a charged off account in
R9 status with a non-$0 balance and non-$0 calculated monthly payment amount when two of the three consumer reporting
agencies both reported the same account to Credit Plus with a $0 balance.
To resolve the lawsuit, Defendants have agreed to pay Two Million Four Hundred Thousand Dollars ($2,400,000) for the
creation of a Settlement Fund that will be used for class member payments, administrative costs, attorneys’ fees,
litigation expenses, and a service award to Plaintiff. A summary of the terms of the Settlement is below – please read it
carefully and note the deadlines to act. There is more detailed information about the case and Settlement following the summary.
| SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
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SUBMIT A VALID CLAIM FORM AND RECEIVE A PAYMENT
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To receive a payment from the Settlement, you will need to submit a Claim Form by September 29, 2026.
You must submit your Claim Form on this website.
The amount of the payments will depend on the number of claims submitted, but it is expected to be approximately $500.
This estimate is based upon the typical claims rates in similar cases – the actual payment amount will depend on the
actual claims rate in this case and may be lower or higher.
If the Court approves the Settlement and it becomes final and effective, you can choose to receive payment
electronically through the website, or a check will be mailed to the address listed on the Claim Form, and
you will give up your right to bring your own lawsuit against Xactus about claims related to the reporting
of a calculated payment amount for a charged off account.
You may update and/or confirm your address with the Settlement Administrator here.
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EXCLUDE YOURSELF FROM THE SETTLEMENT
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The Court will exclude from the Class any Class Member who requests exclusion in accordance with the
terms of the Settlement Agreement. If you are excluded from the Class, you will receive no benefits
from the Settlement or the lawsuit. Requesting exclusion is the only option that will retain your
right to bring your own lawsuit against Defendants about the claims described above. If you are not
excluded from the Class, you will be bound by the judgment in the case. If you choose to request exclusion,
you must do so by September 29, 2026 and must do so by writing to the Settlement Administrator at the address below.
For more information about how to exclude yourself, click here.
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OBJECT
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You may object to any of the terms of the Settlement Agreement, including the proposed award of attorneys’
fees of $800,000, the litigation expenses of up to $25,000, and/or the separate service award to the Plaintiff of $15,000.
For more information on these awards, including Class Counsel’s request for fees which will be available on September 15, 2026,
check back on this website.
Your deadline to object is September 29, 2026. You must do so by writing to the Settlement Administrator,
and to the Court. For more information about how to submit an objection and what you must include,
click here.
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GO TO A HEARING
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You may speak at the Final Approval Hearing, set for November 5, 2026, if you submit an objection by September 29, 2026 and mail in a letter saying
that you would like to appear and be heard at the hearing.
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ADDITIONAL CASE DETAILS
The Court has not ruled in either party’s favor. Defendants denied and continue to deny Plaintiff’s allegations and deny that
they violated the FCRA or engaged in any wrongful acts. A hearing is scheduled for November 5, 2026 to decide whether to approve
the Settlement and whether to approve Class Counsel’s request for attorneys’ fees and expenses. If you received a Notice about the
Settlement, it is because you are a member of the following Settlement Class according to Xactus’s records:
For the period beginning on November 16, 2021 and continuing through the date of the Court’s Preliminary Approval Order, all
natural persons with an address in the United States and its Territories about whom Credit Plus prepared and sold a
Merged Infile Credit Report to a third party where the merged component of the report displayed a charged off
account in R9 status with a non-$0 balance and non-$0 calculated monthly payment amount when two of the three consumer
reporting agencies both reported the same account to Credit Plus with a $0 balance.
Read this Notice carefully. This Notice advises you of the benefits that may be available to Settlement Class Members
under the proposed Settlement and their rights and options. You may also review the full Settlement Agreement and the
papers filed in support of approval of the Settlement here. These rights and options—and the deadlines to
exercise them—are explained in this Notice. The Court still has to decide whether or not to approve the Settlement.
If it does, and any appeals are resolved, benefits will be distributed to members of the Settlement Class.