Trans Union Litigation – Cash Offer to Settle
We have some good news for you. Trans Union made you a cash offer to settle your lawsuit. But, their cash offer is time sensitive.
Please follow the instructions below to read about Trans Union’s cash offer to you and accept or reject it. The process to accept or reject can be completed on-line at this website and it is quick and easy.
SHORT CUT TO DOCUMENTS
To accept or reject Trans Union’s cash offer, review Trans Union’s cash offer to you, make your election to accept or reject it, and submit your election to us by simply clicking here to ACCEPT or here to REJECT. Then, we’ll notify Trans Union of your election, and if you chose to accept, they’ll put you in line for payment subject to the terms we’ve negotiated.
The decision is yours. You may accept or reject Trans Union’s cash offer in your sole and absolute discretion.
We recommend you accept. That’s our best advice to you. But, the decision is yours.
If you do not promptly accept or reject Trans Union’s cash offer to you, we may withdraw from your representation, and if we withdraw, you will be compelled to find substitute counsel or represent yourself in your Lawsuit, as defined below.
BACKGROUND
YOUR CLAIM
As you know, we filed a lawsuit on your behalf and against Trans Union in Texas Justice of the Peace Court in September 2010 (your “Lawsuit”). We did so to preserve your right to prosecute a claim against Trans Union for their misuse of your private credit information (your “Information”) between 1987-2001 in violation of the Fair Credit Reporting Act (“FCRA”).
Discovery. If you choose to prosecute your lawsuit, rather than accept Trans Union’s cash offer, discovery will begin in your lawsuit. You will take discovery from Trans Union, and Trans Union will take discovery from you. That’s the process to prepare for trial. To “take discovery” means to demand verified answers to written questions, the production of documents and oral depositions. Discovery is burdensome, but it’s how you collect facts in a lawsuit.
Burden of Proof. You must prove that Trans Union violated the FCRA (misused your Information). The burden will be on you. And, if you fail to prove it, then you won’t be entitled to any recovery.
Trial. You will need to prove that Trans Union violated the FCRA in the trial of your Lawsuit in Robstown, Texas, which means that you should expect to spend a day or more in Robstown for the trial.
Damages. If you prove Trans Union violated the FCRA, then you may be entitled to recover your actual damages, if any. Trans Union believes they never violated the FCRA, and you never suffered any actual damages.
If you prove that Trans Union not only violated the FCRA but did so “willfully,” then you may be entitled to recover statutory damages of $100 to $1,000 (even if you never suffered any actual damages). Trans Union believes they never violated the FCRA, much less willfully, and that you are, at most, entitled to $100 to $1,000 no matter how many times, if ever, they disclosed your Information.
Appeal. Trans Union has taken the position that if you get a judgment against them, they’ll appeal the judgment to the highest court, which may include the United States Supreme Court, and since they’ve been litigating the basic premise underlying your claim for approximately 20 years, we would expect Trans Union to exhaust all avenues of appeal.
TRANS UNION’S OFFER TO YOU
The Chicago District Court that oversees Trans Union’s $75 million settlement fund referred us to the Court’s Federal magistrate judge in November 2010 to participate in a voluntary settlement process. Since then, we have met in Chicago with the Federal magistrate judge and/or Trans Union’s lawyers on dozens of occasions in an effort to explore and exhaust the potential for Trans Union to make you a cash offer before you begin discovery in your Lawsuit.
To make a long story short, we signed a Compromise Settlement Agreement (CSA) with Trans Union on May 27, 2011, and in the CSA Trans Union makes you a cash offer, which you may accept or reject.
The highlights –
* Trans Union refused to make an offer to all of our clients.
* Trans Union agreed to make an offer only to some of our clients; those who qualify under criteria established by Trans Union, which criteria include, among other things, that a client’s name appear today in the database used by Trans Union between 1987 and 2001 to produce the subject target-marketing and firm-offer lists.
* If you received a letter or email directing you to this site, you qualify. Congratulations.
* Trans Union is offering each of our qualified clients the same amount; to the penny.
* Trans Union is offering you (and our other qualified clients) $443 in cash to settle your Lawsuit.
* Thousands of claimants, like you (but who were represented by other lawyers), have already settled their lawsuits, and they settled their lawsuits for less than $443 in cash.
* So, if you want to accept Trans Union’s offer, we encourage you to accept today.
THE CSA
Click HERE to read the full text of the CSA. We encourage you to read the CSA, so you have all the facts. We can’t force you to read it, obviously, but it’s right here, and we hope you will do so; and, if you have questions, we hope you’ll ask us your questions, so we may answer them.
HOW TO ACCEPT (REJECT)
To accept or reject Trans Union’s cash offer to you, simply click here to ACCEPT or here to REJECT, review Trans Union’s cash offer to you, make your election to accept or reject it and submit your election to us. Then, we’ll notify Trans Union of your election, and if you accept, they’ll put you in line for payment subject to the terms we’ve negotiated.
The decision is yours. You may accept or reject Trans Union’s cash offer in your sole and absolute discretion.
We recommend you accept. That’s our best advice to you. But, the decision is yours.
If you do not promptly accept or reject Trans Union’s cash offer, we may withdraw from your representation, and if we withdraw, you will be compelled to find substitute counsel or represent yourself in your Lawsuit.
This communication is a confidential, attorney-client privileged communication intended only for clients of Watts Guerra Craft LLP (“WGC”) in connection with the Trans Union Litigation. This communication is the sole property of WGC. If you are not a client of WGC in connection with the Trans Union Litigation, you are strictly prohibited from reviewing, duplicating, distributing or otherwise using any of the information reflected in this communication.