WILSON THEODORE, et al. v. EQUIFAX INFORMATION SERVICES,LLC Settlement

Class Representatives Wilson Theodore and Lashanda Theodore (“Class Representatives”) filed a class action lawsuit in  federal court against Equifax Information Services, LLC (“Defendant” or “Equifax”) alleging that Defendant violated the Fair Credit Reporting Act  (FCRA) because it furnished consumer reports that contained credit tradelines for accounts through specific financial entities used to finance Power Home Solar, aka Pink Energy solar systems.  These financial entities were: Goodleap LLC, Solar Mosaic LLC, Sunlight Financial Holdings, Inc., Cross River Bank, and Dividend Solar Finance, LLC . Such a loan is referred to as a “Pink Energy Loan.”  

In this lawsuit, the Plaintiffs alleged that these loans were part of an unlawful scheme and that Equifax should have known that before it reported them within consumer credit reports.  Class Representatives alleged that Defendant violated federal law by inaccurately reporting these accounts in credit reports.

Defendant denies that it did anything wrong or that it violated any laws. The Court has not decided that Defendant violated the FCRA or that its reporting of the accounts was inaccurate or improper. The Court has not made any determination that this lawsuit should proceed as a class action, as opposed to individual claims brought by plaintiffs. This information should not be interpreted as an expression of the Court's opinion about which side is right or wrong. If the parties had not reached a settlement, Defendant would have vigorously defended the lawsuit and asked for a ruling in its favor.

Within the Settlement, you are a potential member of the “Settlement Class.” The “Settlement Class” is defined as the U.S. consumers who have a Pink Energy Loan reported on their Equifax credit file since January 1, 2023 through the date on which the Court enters a Preliminary Approval Order. Excluded from the Settlement Class are (i) Equifax, any entity in which Equifax has a controlling interest, and Equifax’s officers, directors, legal representatives, Successors, Subsidiaries, and assigns, and (ii) any judge, justice, or judicial officer presiding over the Lawsuit and the members of their immediate families and judicial staff.

The benefits for Class Members fall under the category of injunctive relief. An injunction occurs when a court orders a person to do or not to do something, in this case, requiring that Equifax no longer include Pink Energy related accounts from Goodleap LLC, Solar Mosaic LLC, Sunlight Financial Holdings, Inc., Cross River Bank, or Dividend Solar Finance, LLC in its credit reports. All Class Members will receive the benefit from these changes in reporting practices. For more detailed information about the injunctive relief, please visit www.Pinkenergycreditreportsettlement.com. 

Because these procedures are being accomplished through a Court injunction, the federal district court for the Eastern District of Virginia will retain ongoing supervision and enforcement of these changes. The specific terms of these changes are included in the Settlement Agreement, a copy of which is available at the Important Court Docments section of this website.

There will be no payments to Class Members, and Class Members will still have the right to bring any claims for damages against the Defendant on an individual basis.

Defendant has agreed to pay all costs associated with publishing this notice, implementing the procedures described in the Court’s injunction, and administering the Settlement. Defendant has agreed to pay Class Counsel’s attorneys’ fees and costs in an amount not to exceed $180,000, which is subject to Court approval.

Class Members do not have to pay or buy anything to benefit from the changes in business practices provided by the Settlement Agreement, and they will retain any individual claims for non-injunctive relief.

• Do Nothing

If you do nothing, you will be bound by the Court’s decision regarding the Settlement. You will not be able to pursue any potential collective or class action claims against the Defendant that have been released as part of the Settlement. Review the full release in the Settlement Agreement found in the Important Court Documents section.  

• Object to the Settlement

You have the right to write to the Court to object to the Settlement. 

You may object to all or part of the Settlement if you think it is not fair, reasonable, and/or adequate. To object, you must file with the Court and send copies to the parties' counsel, a written explanation of the reasons you think that the Court should not approve the Settlement. The objection must include the following: (1) your full name, address, and current telephone number; (2) if you are represented by counsel, the name and telephone number of counsel; (3) all objections and the basis for any such objections stated with specificity, including a statement as to whether the objection applies only to you, to a specific subset of the class, or to the entire class; (4) a statement regarding whether you intend to appear at the Final Approval Hearing; and (5) your signature and a notation that the objection is for “Theodore v. Equifax Information Services, LLC, Civil Action No. 2:24-cv-224.”

If you object according to the steps above, the Court will consider your objection. If it overrules your objection, you will be bound by the Court's decision and will remain part of the Class. 

Your deadline to object to the Settlement is May 20, 2025. 

The Court still has to decide whether to grant final approval of the Settlement. 

The Court will hold a final approval hearing on June 17, 2025, at 10:00 a.m., before the Honorable Elizabeth W. Hanes, in the United States District Court for the Eastern District of Virginia, Walter E. Hoffman U.S. Courthouse, 600 Granby Street, Norfolk, VA 23510. At the final approval hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will also hear objections to the Settlement, if any. We do not know how long the Court will take to make its decision after the hearing. In addition, the hearing may be re-scheduled at any time by the Court without further notice to you. You should check the Key Dates section to confirm the hearing date, the court approval process, and the Effective Date of the Settlement.   If the Court approves the Settlement, the Court's judgment as to the Settlement Class will be binding on all Settlement Class Members.

The Court has approved lawyers to represent the Settlement Class (“Class Counsel”).   If you prefer to hire your own attorney to represent you in this case, you may do so at your own expense. The attorneys who have been appointed by the Court to represent the Settlement Class are:

Leonard A. Bennett
Thomas D. Domonosk
Consumer Litigation Associates, P.C.
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
(757) 930-3660 - Telephone
(757) 930-3662- Fax

Kristi C. Kelly
Casey Nash
Pat McNichol
Kelly Guzzo PLC
3925 Chain Bridge, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167

You will not be charged for these lawyers. Subject to Court approval, Class Counsel will seek attorneys' fees and costs not to exceed $180,000, as provided in the Settlement Agreement. Class Counsel may also seek a service award in the amount of $5,000 to be paid to each Class Representative for their services in representing the Settlement Class. 

If you have additional questions, you may contact Class Counsel at (757) 930-3660 or send an e-mail to [email protected].