1. Why is there a Notice?
A court ordered that this Notice be provided because you have a right to know about the proposed Settlement of this class action
lawsuit and its effect on you. This Notice explains the lawsuit, the Settlement, and your legal rights.
Judge John Milton Younge, of the United States District Court for the Eastern District of Pennsylvania,
is overseeing this case, Cinner v. Xactus, LLC, Civil Action No. 2:23-cv-04531-JMY (E.D. Pa.). The person who
sued—Yaakov Cinner—is the Plaintiff. Xactus LLC, (“Xactus”) and Credit Plus, LLC (“Credit Plus”) are the Defendants.
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2. What is this case about?
Plaintiff Yaakov Cinner claims that Defendants failed to assure maximum possible accuracy when Credit Plus sold reports to
mortgage lenders which included estimated monthly payments on charged off accounts which Plaintiff asserts had not been
reported by creditors but instead was calculated by Defendants. Specifically, Plaintiff asserts that Xactus sold
a “merged infile credit report” that included an estimated non-zero monthly payment obligation on one of Plaintiff’s
charged off credit accounts, although Plaintiff did not owe any monthly payment on the account because he had paid it
off and two of the three major credit reporting agencies reported the account with a $0 balance. Plaintiff asserts that
Credit Plus’s estimation of a monthly payment on this account made it appear as if his monthly debt obligations
were higher than they actually were.
Plaintiff asserts that Defendants’ actions violated 15 U.S.C. § 1681e(b) which requires that reseller credit reporting agencies,
including Defendants, use “reasonable procedures to assure maximum possible accuracy.”
You can review the complaint and other documents filed in this lawsuit here.
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3. Why is this a class action?
In a class action lawsuit, one or more people called the “Class Representative(s),” in this case Yaakov Cinner, sue on behalf of
other people who have similar claims. All the people together are called a “Class” or “Class Members.” The consumer
reporting agencies he sued are the Defendants in this case. One court case resolves the issues for everyone in the
Class, except for those people who choose to exclude themselves from the Class. The Court decided that this
lawsuit can proceed as a class action for purposes of settlement.
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4. Why is there a Settlement?
The Court has not decided whether Defendants violated the law, nor how much money, if any, should be awarded to the Class.
Instead, Plaintiff and Defendants have agreed to a Settlement.
Defendants have denied and continue to deny Plaintiff’s allegations and deny that they have violated the
FCRA or engaged in any wrongful acts. Nevertheless, Defendants agreed to settle the Litigation solely
for the purpose of avoiding the further expense, inconvenience, and distraction of burdensome and
protracted litigation and to obtain the release, order, and judgment contemplated by the Settlement.
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5. Who are the Settlement Class Members?
If you received Notice of the Settlement from a letter addressed to you, then according to Defendants’ records, you are a member of the Settlement Class:
For the period beginning on November 16, 2021 and continuing through the date of the Court’s Preliminary Approval Order,
all natural persons with an address in the United States and its Territories about whom Credit Plus prepared and sold a
Merged Infile Credit Report to a third party where the merged component of the report displayed a charged off account in
R9 status with a non-$0 balance and non-$0 calculated monthly payment amount when two of the three consumer reporting
agencies both reported the same account to Credit Plus with a $0 balance.
There are approximately 28,416 members of the Settlement Class.
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6. What does the Settlement provide?
Defendants have agreed to establish a Settlement Fund of Two Million Four Hundred Thousand Dollars ($2,400,000), which
will be used to make payments to Settlement Class Members. The Settlement Fund will also cover the costs of
administering the Settlement, a $15,000 service award to Plaintiff Yaakov Cinner, and up to $800,000 in attorneys’
fees and litigation expenses of up to $25,000.
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7. How much will my payment be?
The amount of payments to Settlement Class Members will depend on how many Settlement Class Members make a claim. The amount of
each payment will depend on the number of claims. Based upon historical claims rates in similar cases, payments are
expected to be approximately $500, but may be higher or lower depending on the actual number of claims in this case.
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8. When will I receive my payment?
If the Court approves the Settlement and it becomes final, then payments will be sent by mail to the
address maintained by Defendants for each Settlement Class Member once they submit a Claim Form.
Class Members can update their mailing address here.
Settlement Class Members may also set up an electronic payment method through the
website if preferred; otherwise, payment will be mailed via USPS as a paper check.
Payments will be sent only after the Court grants Final Approval to the Settlement and after any appeals are resolved
(see “The Final Approval Hearing” below). If there are appeals, resolving them can take time.
Please be patient and check this website for updates.
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9. What am I giving up if I participate in the Settlement?
If the Settlement receives Final Approval from the Court, and in exchange for the relief described in the Settlement Agreement,
each Class Member will release claims under the FCRA section 1681e(b) and state and common law analogs with respect
to the reporting of a calculated monthly payment amount for a charged off account.
Section 12 of the Settlement Agreement, which can be found here,
describes in detail the legal claims that you give up if you remain in the Settlement.
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10. How do I exclude myself from the Settlement?
If you don’t want benefits from the Settlement, and you want to keep the right to sue Xactus or Credit Plus on your own about the
claims in this case, then you must take steps to opt out of the Settlement. This is called excluding yourself—or it is sometimes
referred to as “opting out” of the Settlement.
To exclude yourself from the Settlement, you must submit a statement to the Settlement Administrator with the following information:
- Your full name, address, email address, and telephone number;
- A statement that you want to be excluded from the Settlement in this Action;
- The unique identifier included on the Notice you received via US Mail.
You must submit your exclusion request no later than September 29, 2026 via email to
[email protected] or via mail to:
Cinner v. Xactus, LLC
c/o Settlement Administrator
P.O. Box 16
West Point, PA 19486
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11. If I do not exclude myself, can I sue Xactus or Credit Plus for the same thing later?
No. If you do not exclude yourself, you will give up the right to sue Xactus or Credit Plus for the claims that the
Settlement resolves. You must exclude yourself from the Settlement Class if you want to pursue your own lawsuit.
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12. If I exclude myself, will I receive a payment from the Settlement?
No. You will not receive a payment if you exclude yourself from the Settlement.
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13. Do I have a lawyer in the case?
The Court has appointed counsel to represent you and others in the Settlement Class as “Class Counsel”:
James A. Francis
John Soumilas
Lauren KW Brennan
Francis Mailman Soumilas, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Daniel Zemel
Nicholas Linker
Zemel Law LLC
660 Broadway
Paterson, NJ 07514
Class Counsel will represent you and others in the Settlement Class. You will not be charged for these attorneys. If you want to be
represented by your own lawyer, you may hire one at your own expense.
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14. How will the lawyers be paid? What will the named plaintiff receive?
The attorneys representing the Settlement Class have handled this case on a contingency basis. To date, they have not been paid anything for
their work since the case began on November 16, 2023. Class Counsel will request that the Court award attorneys’ fees and
expenses for the time and effort they have spent on this case.
The amount that will be requested by Class Counsel is $800,000 in attorneys’ fees, up to $25,000 in litigation expenses, and up to
$15,000 for a service award to Yaakov Cinner. More information on these awards, including Class Counsel’s request for fees,
will be available on September 15, 2026, can be found here.
Any approved amount of attorneys’ fees and expenses or service award will be paid from the Settlement Fund,
and no Class Member will owe or pay anything directly for the attorneys’ fees and expenses of Class Counsel.
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15. How do I tell the Court if I do not like the Settlement?
You can tell the Court that you do not agree with the Settlement or some part of it.
If you are a member of the Settlement Class, you can object to any part of the Settlement, the
Settlement as a whole, and/or Class Counsel’s request for attorneys’ fees and expenses. To object,
you must either submit your objection on the case docket using the CM/ECF electronic filing system,
or submit a letter to the Court at the following address:
Clerk of Court
U.S. District Court for the Eastern District of Pennsylvania
James A. Bryne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
You must also send a copy of your objection to the Settlement Administrator at:
Cinner v. Xactus, LLC
c/o Settlement Administrator
P.O. Box 16
West Point, PA 19486
Your objection must be submitted on or before September 29, 2026, and must include:
- The name of this Action Cinner v. Xactus, LLC, Case No. 2:23-cv-04531-JMY;
- Your full name, address, email address and telephone number;
- A detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard;
- Any documents you wish to be considered in support of the objection;
- The identity of any lawyer representing you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement;
- Any and all agreements that relate to the objection or the process of objecting—whether written or oral—between you or your counsel and any other person or entity;
- The identity of all counsel representing you who will appear at the Final Approval Hearing;
- All relief sought;
- The number of times you have objected to a class action settlement in the past five (5) years, including the caption of each case in which you made such objection;
- Whether you intend to appear and/or testify, or counsel representing you intends to appear, at the hearing that the Court has scheduled to determine whether to
grant Final Approval of the Settlement and Class Counsel’s request for attorneys’ fees (the “Final Approval Hearing”); and
- Your signature.
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16. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement and whether to approve Class Counsel’s request for
attorneys’ fees and expenses. You may attend and you may ask to speak, but you don’t have to do so.
The Court has scheduled a Final Approval Hearing on November 5, 2026, at 10:00 a.m., in Courtroom 15-B of the United States District Court,
Eastern District of Pennsylvania, U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106. The hearing may be virtual or moved
to a different date or time without additional notice, so please check this website for updates. At this hearing, the
Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider any requests by
Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them at the hearing.
After the hearing, the Court will decide whether to approve the Settlement and the request for attorneys’ fees and expenses.
We do not know how long these decisions will take.
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17. Do I have to attend the hearing?
No. Class Counsel will answer any questions the Court may have. But you may attend the hearing at your own expense. If you send an objection,
you don’t have to come to Court to talk about it. As long as you submit your written objection on time and it complies with the requirements
set forth in Question 15 above and in Section 8 of the Settlement Agreement, the Court will consider it.
You may also pay your own lawyer to attend, but it is not necessary.
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18. May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit an objection that complies with
the requirements set forth in Question 15 above and send a letter stating that you intend to appear and wish to be heard.
Your Notice of Intention to Appear must include the following:
- Your full name, address, and telephone number;
- A statement that this is your “Notice of Intention to Appear” at the Final Approval Hearing for Settlement in
Cinner v. Xactus, LLC, 2:23-cv-04531-JMY (E.D. Pa.);
- The reasons you wish to be heard;
- Copies of any papers, exhibits, or other evidence or information that is to be presented to the Court at the Final Approval Hearing; and
- Your signature (an attorney’s signature is not sufficient).
You must submit your Notice of Intention to Appear so that it is received no later than September 29, 2026 to the addresses in Question 15 above.
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19. What happens if I do nothing at all?
If you do nothing then you will receive no payment from the Settlement Fund. To receive a payment, you must submit a Claim Form.
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20. How do I get more information?
This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement.
You can obtain the complete Settlement Agreement here.
You also may write with questions to the Settlement Administrator via email to
[email protected] or via mail at:
Cinner v. Xactus, LLC
c/o Settlement Administrator
P.O. Box 16
West Point, PA 19486
Please do not contact Xactus, Credit Plus, or the Court for information related to this Settlement.
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