McKey v.

Case No. 2:22-cv-01908



Your rights and options – and the deadlines by which to exercise them – are explained in the Notice.
Please read the Notice carefully in its entirety.

  • There is a proposed Settlement in a class action lawsuit entitled Benjamin McKey v., LLC, No. 2:22-cv-01908-GJP, which claims that, LLC violated the Fair Credit Reporting Act (“FCRA”). As used in this Notice, “TRC” collectively refers to Xactus, LLC, in its capacity as successor in interest to certain assets of, LLC, and, LLC.
  • The lawsuit alleges that TRC violated the FCRA by reporting criminal non-conviction information in background reports where that information predated the date of the report by more than seven years. TRC denies Plaintiff’s allegations and denies that TRC is liable to Plaintiff or any of the putative Settlement Class Members.
  • The parties have reached a proposed Settlement in the lawsuit. The Settlement has not been approved by the Court yet. The Notice explains your options.
  • If you do nothing, you will receive a cash payment that is estimated to be at least $75, although the amount will vary as explained herein.
  • You have the right to submit a Claim Form for an additional payment if you experienced additional harm as a result of TRC issuing a background report that contained at least one adverse non-conviction record that predated the date the report was issued by seven years or more. Examples of qualifying harms include, but are not limited to, denial of a rental or delay in your application.
  • You have the right to opt-out of the proposed Settlement or to object to it.
  • Whether you act or not, your legal rights are affected by the proposed Settlement.
  • This website is only a summary of the proposed settlement. More details about the proposed settlement including answers to frequently asked questions can be found in the Notice which are available on the Important Documents page.
Your Rights and Options What To Do Deadlines to
Do It
Do Nothing You are not required to take any action to receive the benefits of the proposed Settlement. If the proposed Settlement is finally approved and you do not opt-out, then you will receive an estimated payment of $75, although the amount will vary as explained herein. You will be bound by the Court's final judgment and the release of claims in the Settlement Agreement. None
Submit a Claim Form Submit a form to the Settlement Administrator for an additional payment from the Settlement. Postmarked on or before December 5, 2023
Opt-out of the Settlement Write to the Settlement Administrator stating that you do not wish to participate in the proposed Settlement. If you validly opt-out, you will not receive any monetary payments from the Settlement. Postmarked on or before February 12, 2024
Object to the Settlement Write to the Settlement Administrator about why you do not like the proposed Settlement. Postmarked on or before December 5, 2023 • (833) 215-9289 •