CHRISTINA ATTERBURY v EARN COMPANY, et al.

The Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the Defendants has violated the Credit Repair Organizations Act, and if so, the amount of damages that must be awarded.

In a class action lawsuit, one or more people called the “Class Representatives” sue on behalf of other people who have similar claims. In this case, the class representative is Christina Atterbury. All of the people together that have those claims are called a “Class” or “Class Members.” The individuals and companies sued are called the Defendants.  The Defendants in this case are Credit Exterminators Inc., Earn Finance Company LLC, Sprinkle of Jesus Corp., Casey D. Olivera a.k.a. Dana Chanel, Donnell Morris a.k.a. Prince Donnell, Cassandra Olivera a.k.a. April, and Nakia Rattray a.k.a. James Allen a.k.a. Uncle Majic the Hip Hop Magician.  One court 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 and move toward a trial.

More information about why the Court is allowing this lawsuit to proceed as a class action is found in the Court’s Order Granting Class Certification, which is available on the Important Court Documents page of this website.

In the lawsuit, Plaintiff alleges that the Defendants violated the Credit Repair Organizations Act by using contracts that contained an illegal waiver of rights, failed to include adequate disclosures, and required the payment of upfront/advance fees before the provision of any credit repair services.  Plaintiff also alleges that by charging or receiving upfront/advance fees that are prohibited by the CROA, Defendants engaged, directly or indirectly, in an act, practice, or course of business that constituted or resulted in the commission of, or an attempt to commit, a deception on consumers in connection with the offer or sale of credit repair organization services, in violation of the CROA.

You can read the Plaintiff’s Complaint here.

The Defendants filed an Answer denying that they violated the CROA, and arguing that this case should not proceed as a class action. The Defendants’ Answer is available here.

The Court has not yet decided whether the Defendants has violated the law. The Court has simply decided that this case may proceed as a class action.

The Plaintiff will ask the Court and the jury to award actual damages to each Class Member consisting of all amounts paid toward the Class Member’s credit repair services agreement.  Plaintiff will also ask for punitive damages. 

No money or benefits are available now because neither the Court nor the jury has decided who is right, or how much, if anything, Defendants should pay the Class in damages. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified unless you exclude yourself from this case.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you stay in the Class, and you consent to being in the case. If you do nothing now, regardless of whether the Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, the Defendants about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders and judgments in this case.

If you already have a lawsuit against Defendants for similar claims and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class – sometimes called “opting-out” of the Class – you will not get any money or benefits from this lawsuit even if the Plaintiff win damages at trial or there is a settlement. However, you may be able to sue or continue to sue the Defendants on your own. If you exclude yourself, you will not be legally bound by the Court’s Order and Judgment in this class action.

If you start your own lawsuit against Defendants after you exclude yourself, you’ll have to seek damages in court, and you may have to hire and pay for your own lawyer for that lawsuit. If you do exclude yourself so that you can start your own lawsuit against Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations or other time-sensitive requirements.

To ask to be excluded, you must send an “Opt-Out Request” in the form of a letter sent by U.S. Mail or facsimile stating that you want to be excluded from Atterbury v. Earn Company. Instructions on submitting a request to opt-out are also on the class action website, www.CreditExterminatorsClassAction.com. Be sure to include your name, address, telephone number, email address if you have one, and to sign the opt-out letter. You must mail your Opt-Out Request postmarked by August 3, 2024, to Atterbury v. Earn Company Opt-Outs, PO Box 23698, Jacksonville, FL 32241-3698, or fax the letter to (877) 430-1941.

The Court has certified the below law firms as Class Counsel:

Flitter Milz, P.C.

450 N. Narberth Ave., Ste 101

Narberth, PA 19072

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you may retain one at your expense. You can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you, at the Court’s discretion.

If Class Counsel obtain money or benefits for the Class through this suit, they will ask the Court to award counsel fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would either be deducted from any money obtained for the Class or paid separately by the Defendants. Class Counsel has not been paid any fees, nor reimbursed their expenses for prosecuting this case since the filing of this case in 2021.

Trial has not yet been scheduled. You may obtain more information about the trial date here. Note that trial dates are sometimes rescheduled.

You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and the Class, and the Defendnats will present its defenses. You or your own lawyer are welcome to attend at your own expense.

If at some point the Plaintiff obtains money or benefits for the Class as a result of the trial or a settlement, and you did not exclude yourself from the Class, you will be notified.  There could be post-trial proceedings and appeals. We do not know how long this will take, and there is no guarantee that the Plaintiff will win or receive any money.  There is also no guarantee that Defendants will have the money available to pay for damages awarded by the Court.

You can visit the Important Court Documents  where you will find the Court’s Order Granting Class Certification, Plaintiff’s Complaint, the Defendants’ Answer. Information about how to exclude yourself as a Class Member, and other information can be found in the FAQs.