8/3/2023 0 Comments Equifax settlement statusDistrict Judge Thomas Thrash had the discretion to make objectors disclose their history of objecting in other cases, and to award $77.5 million, or around 20% of the settlement fund, to class counsel. In addition to ruling that "ghostwriting" didn't sink the settlement, the court found that U.S. Circuit Judges Britt Grant and Andrew Brasher rejected arguments against the settlement by six objectors. The deal offered credit monitoring for affected consumers and compensation in cases of identity theft tied to the breach. The class action settlement was part of the $700 million the company said it would pay in 2019 to settle claims by consumers and government agencies. The disclosure prompted a wave of federal and state investigations, as well as consumer class action lawsuits alleging the company failed to safeguard its databases or provide prompt notice of the breach. Frank and another objector will move for a rehearing, he said.Įquifax disclosed in 2017 that hackers over a series of months had gained access to its databases, allowing them to acquire the names, Social Security numbers, birthdates and addresses for millions of people. Objector and attorney Ted Frank of the Hamilton Lincoln Law Institute said the opinion contains inaccuracies and creates a circuit split. Kenneth Canfield of Doffermyre Shields Canfield & Knowles said that he and his co-counsel were "pleased with the opinion and look forward to implementing the relief provided under the settlement."ĭavid Balser of King & Spalding, who represents Equifax, did not immediately reply to a request for comment. "Judicial ghostwriting remains most unwelcome in this circuit," she wrote for the three-judge panel. She noted, however, that the 11th Circuit does not condone judges having litigants pen their rulings. Martin wrote that because the court had asked for the draft in open court with objectors present, the process was not fundamentally unfair. Circuit Court Judge Beverly Martin wrote that an Atlanta federal judge had not abused his discretion in allowing the attorneys who represented the class of about 147 million people to draft the final order approving the settlement. Circuit Court of Appeals on Thursday upheld a $380.5 million class action settlement between credit reporting agency Equifax Inc and consumers affected by a massive 2017 data breach. Settlement order "ghostwritten" by lawyers was not unfair.11th Circuit upholds $380.5 million deal.
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