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Duncan v. JP Morgon Chase settlement payment. Should I take it?

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rlago1231

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I received a notification from Chase FCRA Settlement Claims Administrator saying that Chase allegedly obtained my credit report unlawfully and I may be part of a settlement in the Duncan v. JP Morgan Chase Bank case. It seems like a win since I wasn't even aware of the situation. However, I want to know how serious is this lawsuit. If I submit a claim I can no longer sue. Therefore, is it wise to refuse the settlement and sue? Chase is denying liability and wrongdoing, hence the settlement. Can anyone give me advice?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I received a notification from Chase FCRA Settlement Claims Administrator saying that Chase allegedly obtained my credit report unlawfully and I may be part of a settlement in the Duncan v. JP Morgan Chase Bank case. It seems like a win since I wasn't even aware of the situation. However, I want to know how serious is this lawsuit. If I submit a claim I can no longer sue. Therefore, is it wise to refuse the settlement and sue? Chase is denying liability and wrongdoing, hence the settlement. Can anyone give me advice?
Whether you decide to opt out of the settlement or not is a decision you have to make on your own based on your personal account information. We cannot decide the matter for you.

Here is a link to details on what you need to do now that you have received notification: https://eclaim.kccllc.net/caclaimforms/jpd/home.aspx

If you do not want to spend money to pursue a legal action, it is certainly easiest to file a claim form and accept the few dollars you may get in the settlement (the amount you will get depends on the number of class members, the attorney costs, your personal facts). If you think you might be entitled to more than what you are liable to get in the settlement, you should consult with an attorney in your area for a personal review.

Good luck.
 

OHRoadwarrior

Senior Member
Of a minor aside, there is a database kept of people who make claims in class action suits that are generally identified and do not require one submit proof. If one participates in too many of these types of suits, it has been known for the claimant to be denied payout absent presentation of proof of entitlement.
 

quincy

Senior Member
Of a minor aside, there is a database kept of people who make claims in class action suits that are generally identified and do not require one submit proof. If one participates in too many of these types of suits, it has been known for the claimant to be denied payout absent presentation of proof of entitlement.
Interesting. I haven't heard of that before. Do you have more information you can share, OHR?

Most class action suits WILL require proof of eligibility to be considered for benefits. There is generally not a pay-out unless one has proof that they qualify as a class member. The Duncan/Chase class action, for example, is doing an account review to verify eligibility and to determine the amount of benefits to be paid.
 

Proserpina

Senior Member
Interesting. I haven't heard of that before. Do you have more information you can share, OHR?

Most class action suits WILL require proof of eligibility to be considered for benefits. There is generally not a pay-out unless one has proof that they qualify as a class member. The Duncan/Chase class action, for example, is doing an account review to verify eligibility and to determine the amount of benefits to be paid.
Yup, and the review process is swift and brutal; if you don't pass the first step, you're out.

(This of course does not include those who have opted out of the class action suit which may sometimes be far more beneficial to the claimant)

Some day I'll talk more about AHP.
 

quincy

Senior Member
Ah. So you don't believe I can submit a claim form for any old class action I run across, whether I am eligible or not, just because I want some extra money?

Shucks. ;)
 

OHRoadwarrior

Senior Member
I honestly do not know much about the issue Quincy. It was something I ran across indirectly when researching something. Someone indicated the Federal Gov't had nixed their payment in a class action suit based on their having been involved in multiple class action suits. I gathered that the gist was the Gov't was requiring they prove their status in the case when others were not required to do so, even though they had been identified as a plaintiff.

It may have been a situation with an example like they were taking drug A and drug B. Took a class action settlement for a condition related to an outcome of a Drug A lawsuit, then there was a similar one for drug B and they again filed for the same outcome as a result of taking drug B.
 
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Proserpina

Senior Member
I honestly do not know much about the issue Quincy. It was something I ran across indirectly when researching something. Someone indicated the Federal Gov't had nixed their payment in a class action suit based on their having been involved in multiple class action suits. I gathered that the gist was the Gov't was requiring they prove their status in the case when others were not required to do so, even though they had been identified as a plaintiff.

It may have been a situation with an example like they were taking drug A and drug B. Took a class action settlement for a condition related to an outcome of a Drug A lawsuit, then there was a similar one for drug B and they again filed for the same outcome as a result of taking drug B.

No. Just no.
 

Minuette

Junior Member
Of a minor aside, there is a database kept of people who make claims in class action suits that are generally identified and do not require one submit proof. If one participates in too many of these types of suits, it has been known for the claimant to be denied payout absent presentation of proof of entitlement.
The closest thing I have found is in a discussion of claimant fraud in class action suits:

http://www.garretsongroup.com/article/mass-money-in-claims-administration-raises-questions

Because his firm has administered over 250 cases, Strategic Claims Services has a database of claimants, and the firm, especially in securities cases, will check to see if claimants have made multiple claims in other cases, Mulholland said.

If proof documents are being faked, that information is shared with other administrators as well as the FBI, Mulholland said.
I don't read it as denying legitimate claims, but claims administrators performing due diligence to prevent (or reduce the likelihood of paying out) fraudulent claims. And it would seem that most of the large claims administrators maintain such databases. As well they should - a claims administration firm with a high percentage of fraudulent payments (in terms of number or aggregate amount) could and should lose clientele.
 

quincy

Senior Member
Well ... relevant AND accurate. ;)

I have never heard of any class action suit where every member of the class action hasn't needed to prove eligibility in order to collect benefits. No defendant is going to pay out money to just anyone who comes along with their hand out.

That said, if you run across whatever it is you ran across before, OHR, you can post with it here. I am always ready to learn more.



edit to add: That sounds like what OHR might have been talking about, Minuette. It does not mean that proof of eligibility is not required of class members - it just means that the eligibility is being verified.
 
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quincy

Senior Member
Yes. The information provided by Minuette does not quite say what OHR remembered but it does appear to be to what OHR was referring.

I am only surprised that there are those who will go to the trouble of faking documents to become a class action member.
 

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