Client Name:
Client Email:
Re: [CLIENT NAME] v. Experian Information Solutions, Inc.
Dear [CLIENT NAME]
This is an agreement (the “Agreement”) between you, Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”), and Kopelowitz Ostrow Ferguson Weiselberg Gilbert (“KO”) (collectively, MCBPG and KO are referred to as “Counsel”) for legal representation for your claims against Experian Information Solutions, Inc. (“Experian”) for its violations of the California Civil Code section 1670.8 (“Section 1670.8”).
You understand and authorize Counsel to proceed with filing your claims as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. However, this agreement also authorizes the Law Firms to settle your claim as a part of a class action if Experian chooses to do so. Counsel intends to secure the maximum recovery for your claims. However, you authorize Counsel to resolve your claims with Experian for, at a minimum, a one-hundred-dollar ($100.00) value. Of course, we will try to obtain a larger settlement amount.
Counsel will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or a total attorneys’ fees awarded by the arbitrator or court. We reserve the right to associate any co-counsel, but our fee will be split among our firm and any firm(s) we associate.
We will advance all costs incurred by our firm during this litigation (e.g., filing fees, travel, etc.). We will be reimbursed for these costs if, and only if, we ultimately obtain a recovery. Advanced costs are deducted after the calculation of the contingent fee.
You authorize Counsel to withdraw from our representation if we determine for sufficient reasons that the case should not continue. Regardless, we will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.
Finally, we do not make any promises or guarantees regarding the outcome of your claims. If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files. By signing this agreement, you are representing that while in the state of California you have subscribed as a premium member to the Experian Information Solutions, Inc. within the last four (4) years.
Sincerely,
J. Hunter Bryson
CERTIFICATION
I, the undersigned client, understand that I will not be able to pursue a California Civil Code section 1670.8 claim against Experian Information Solutions, Inc. unless I have subscribed as a premium member to Experian and used the Experian Information Solutions, Inc. website (https://www.experian.com/ or https://portal.experianidworks.com/) or mobile app within the last four (4) years while in the state of California. By signing this agreement, I hereby represent that I have visited the above-described website and/or app and have subscribed as a premium member to Experian during the past four years. If necessary, I could testify or produce documents confirming that I have or had an account with Experian Information Solutions, Inc., have subscribed as a premium member to Experian, and visited the website and/or app at issue.
Agreed to on this _____ day of _________________, 2024.
__________________________________
[CLIENT NAME]
* Please note that the company against which you are retaining Milberg to pursue individual arbitration claims on your behalf requires a notice letter personally signed by you to begin the dispute resolution process. So that Milberg can start this process, by signing the retainer agreement, it is your intent to provide Milberg with your electronic signature and your consent to include your electronic signature in the notice letter to be sent on your behalf to the company identified in the retainer agreement as the party against whom Milberg has agreed to represent you in connection with an individual arbitration. This is the sole limited purpose for which you are giving Milberg legal authority to utilize your electronic signature.