Hernandez Settlement Agreement

But the flaws in the white plaintiffs` methods run deeper. The variables of the white applicants are not only debatable, the premise on which their calculations are based rests on less than solid ground. Some courts have suggested that due process requires a cap on the total amount of statutory damages, which can be returned in a class action under the FCRA. See Murray v. GMAC Mortg. Corp., 434 F.3d 948, 954 (7th Cir.2006) (“A distinction [under the FCRA] that would be unconstitutionally exaggerated may be reduced. after the certification of a class. A judge can then assess the overall behaviour of the accused and monitor their overall exposure. »). In particular, some courts have raised concerns about the overwhelming liability that can arise when class members aggregate their claims for legal damages, even in cases where the defendant`s conduct has caused little or no actual damage. Parker v. Time Warner Entertainment Co., LP, 331 F.3d 13, 22 (2d Cir.2003) (“We recognize the legitimate concern that the potential for devastating damages, disproportionate to the actual harm suffered by members of the category of applicants, may raise issues of ordinary procedure.