Sergio Ramirez filed this class action alleging that Trans Union violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., through its OFAC Name Screen Alert.
While Plaintiff previously prevailed on his claims at trial and achieved a substantial class- wide award of statutory and punitive damages, he acknowledges that there are a number of obstacles that stand in the way of future litigation.
“A court is more likely to approve a settlement if most of the discovery is completed because it suggests that the parties arrived at a compromise based on a full understanding of the legal and factual issues surrounding the case.” Id. (quoting 5 Moore’s Federal Practice, § 23.85[2][e] (Matthew Bender 3d ed.)).
Under either approach, “[r]easonableness is the goal, and mechanical or formulaic application of either method, where it yields an unreasonable result, can be an abuse of discretion.” Fischel v. Equitable Life Assurance Soc’y of the U.S., 307 F.3d 997, 1007 (9th Cir. 2002).
While this is more than the costs of administration estimated at preliminary approval ($70,000), this increase is the result of modifications to the notice plan at the Court’s request and the submission of 420 claim forms from individuals who were not on the class list.