Vivint FCRA Settlement

A proposed settlement in a class action lawsuit, Sullen, et al. v. Vivint, Inc., Case No. 01-CV-2023-903893, has been reached.

This lawsuit alleges that Vivint violated the Fair Credit Reporting Act (FCRA) by accessing credit information of consumers to create accounts without their authority and thereby without a permissible purpose. Certain of those individuals were subject to collection efforts regarding these accounts. Vivint contests these claims and denies that it violated the FCRA.

For this Settlement, there is a Damages Settlement Class and an Injunctive Settlement Class, which together form the Settlement Classes.

You are a member of the Damages Settlement Class if, at any time between January 1, 2016, and January 16, 2024, Vivint accessed your credit information without authorization, used that information to create an account, and subjected you to collection efforts regarding such account. You are a member of the Injunctive Settlement Class if, at any time between January 1, 2016, and January 16, 2024, Vivint accessed your credit without authorization and used that information to create an account, but you were not subjected to any collection efforts by Vivint.

Summary Of Your Legal Rights And Options In The Settlement
You May: Result: Due Date:
AGREE WITH THE SETTLEMENT AND SUBMIT A CLAIM FORM By submitting a claim, you are eligible to receive a payment from the Settlement Fund if your claim is deemed valid, but you give up your right to be part of any other lawsuits involving claims associated with this case, if any. The Claim Form must be submitted through the settlement website, sent by email, or must be postmarked by June 7, 2024, or your claim will be rejected.
EXCLUDE YOURSELF FROM THE SETTLEMENT You get no payment, but you can be a part of future lawsuits involving claims associated with this case, if any. Your exclusion request must be submitted in writing and mailed to the Settlement Administrator, postmarked no later than April 15, 2024.
OBJECT TO THE SETTLEMENT Write to the Court about the reasons that you’re against the settlement. Your Objection and, if applicable, your Notice of Intention to Appear at the Final Approval Hearing, must be in writing and filed with the Court with copies to all counsel by April 15, 2024.
ATTEND A HEARING If you timely submit an Objection and Intention to Appear at the Final Approval Hearing, you may be allowed to speak in Court about the fairness of the settlement. The Final Approval Hearing is scheduled to take place on April 23, 2024.
DO NOTHING If you do nothing, you get no payment and give up your legal rights.
For a more complete summary of the terms of the proposed settlement, please review the Notice of Proposed Settlement of Class Action Lawsuit by clicking here.