Equifax agrees to $100 million settlement over credit score errors
A federal judge preliminarily approved a $100 million settlement for 4 million consumers impacted by Equifax's 2022 credit score miscalculation. The settlement, the largest FCRA-related settlement in history, includes direct cash payments and prevents unclaimed funds from reverting to Equifax. A final hearing is scheduled for January 27, 2026.

*this image is generated using AI for illustrative purposes only.
A federal judge has granted preliminary approval to a $100 million settlement in a class action lawsuit against Equifax alleging the company miscalculated credit scores for approximately 4 million Americans. The settlement fund is designated as non-reversionary, meaning any unclaimed funds will not return to Equifax. This marks the largest settlement in history related to the Fair Credit Reporting Act (FCRA).
The lawsuit, In re: Equifax Fair Credit Reporting Act Litigation (Case No. 1:22-cv-03072), received preliminary approval from the Honorable Leigh Martin May in the U.S. District Court for the Northern District of Georgia on August 17, 2026. Gibbs Mura serves as class counsel alongside co-counsel Girard Sharp, DiCello Levitt, and Caplan Cobb. A final fairness hearing is set for January 27, 2026.
Background of the litigation
The litigation centers on a coding error at Equifax that reportedly misreported lowered credit scores for consumers applying for mortgages, auto loans, or credit cards between March 17 and April 6, 2022. According to the lawsuit, scores were sometimes lowered by over 20 points, a shift sufficient to cause lenders to deny credit or charge higher interest rates. The plaintiffs alleged Equifax was reckless in relying on antiquated legacy systems and inadequate testing protocols, resulting in violations of the FCRA.
What the numbers show
The settlement structure indicates a potential payout of $25 per class member based on the $100 million fund allocated for approximately 4 million affected individuals. However, actual payments will depend on the number of valid claims filed and the administrative costs deducted from the total fund. The non-reversionary nature of the fund ensures that the full financial burden remains with Equifax regardless of the final claim rate, removing the possibility of the company reclaiming surplus capital.
Gibbs Mura partner David Berger, court-appointed co-lead counsel, highlighted the accountability aspect of the resolution. Berger previously helped achieve a $1.5 billion settlement with Equifax related to a 2017 data breach affecting 147 million consumers.
How will this settlement impact Equifax's operational budget and future investment in legacy system modernization?
What regulatory changes might arise from this case to enforce stricter testing protocols for credit reporting agencies?
Could this ruling set a precedent for non-reversionary settlements in future FCRA litigation?





























