A class action is a lawsuit in which one or more representative plaintiffs (in this case, Ms. Bultemeyer) bring a lawsuit on behalf of themselves and other similarly situated persons (i.e., a class) who have similar claims against one or more defendants. The representative plaintiffs, the court, and counsel appointed to represent the class all have a responsibility to make sure that the interests of all class members are adequately represented.

Importantly, class members are NOT individually responsible for payment of attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from a settlement fund, a court-awarded judgment amount, or directly by the defendants, and such payment must be approved by the Court. If there is no recovery on behalf of the class, the attorneys do not get paid.

Should a representative plaintiff enter into a settlement with a defendant on behalf of a class, the Court will require that the members of the class be given notice of the settlement and an opportunity to be heard with respect to the settlement. The Court then conducts a hearing (called a Fairness Hearing) to determine, among other things, if the settlement is fair, reasonable, and adequate.

You may have received a Notice if Lumen’s records indicated that you may be a Class Member. As a potential Class Member, you have a right to know about the Lawsuit and decide whether you wish to remain a Class Member. This website explains the Lawsuit and your legal rights in connection with it.

Ms. Bultemeyer brought this Lawsuit against Lumen, a company which provides internet, telephone, and television services throughout the country. This Lawsuit arises out of Lumen’s ecommerce website (the “Website”) through which consumers can seek such services from Lumen.

The Lawsuit claims that, during the class period, Lumen’s Website’s online order process involved five steps. On April 6, 2014, Ms. Bultemeyer accessed the Website and began an online order for residential internet services. She completed the first four steps, including entering her address and other personal information, selecting the requested services, and clicking a checkbox indicating acceptance of terms and conditions. After step four, Lumen automatically obtained Ms. Bultemeyer’s credit report, as it did for many consumers between steps four and five. When Ms. Bultemeyer reached step five—which asked for payment information and allowed for submitting an order for processing—she decided not to place an order and did not complete step five. The Lawsuit seeks compensation for people, like Ms. Bultemeyer, whose credit reports were impermissibly obtained between steps four and five, and who did not sign an arbitration agreement or class action waiver with Lumen.

Lumen denies Ms. Bultemeyer’s allegations. Lumen further maintains that it has good and meritorious defenses to the claims. More specifically, Lumen maintains that it had a permissible purpose to obtain the credit reports of Ms. Bultemeyer and the Class Members under 15 U.S.C. § 1681b(a)(3)(F)(i) because it had “a legitimate business need for the information in connection with a business transaction . . . initiated by the consumer,” arguing that each putative class member “initiated” a business transaction by completing the first four steps of the order process.

On November 14, 2014, Ms. Bultemeyer filed this putative class action alleging that Lumen violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681b, by obtaining her credit report, and those of putative class members, without a permissible purpose. (Doc. 1). Lumen asserts that it did have a permissible purpose under § 1681b(a)(3)(F)(i) because it had “a legitimate business need for the information in connection with a business transaction . . . initiated by the consumer,” arguing that each putative class member “initiated” a business transaction by completing the first four steps of the order process. (Doc. 30 ¶ 3–4).

The Court bifurcated the stages of this case, first allowing discovery and dispositive motions on Ms. Bultemeyer’s individual claim before proceeding to the class certification phase. (Doc. 34). After briefing of cross-motions for summary judgment (Docs. 64, 72), the Court dismissed the case for lack of subject matter jurisdiction, finding that Ms. Bultemeyer suffered no concrete injury and thus lacked standing. (Doc. 85). On appeal, the Ninth Circuit reversed and remanded, holding that every violation of § 1681b violates a privacy interest sufficient to confer standing. (Doc. 99). The Court subsequently denied the parties’ renewed cross-motions for summary judgment (Docs. 109, 111), finding that there were material issues of fact remaining as to whether Lumen had a permissible purpose for pulling Ms. Bultemeyer’s credit report. (Doc. 116).

Following class discovery, Ms. Bultemeyer filed her first Motion to Certify Class. (Doc. 138). After full briefing and oral argument, on April 7, 2022, the Court denied the Motion without prejudice. (Doc. 159). On April 22, 2022, Ms. Bultemeyer filed a Petition for Permission to Appeal pursuant to Rule 23(f) with the Ninth Circuit, and the Lawsuit was stayed pending the Ninth Circuit’s ruling. (Docs. 162, 165). On September 23, 2022, the Ninth Circuit denied Ms. Bultemeyer’s Petition. (Doc. 169). The Court then lifted the stay and set a deadline for Ms. Bultemeyer’s renewed class certification motion. (Doc. 170). In accordance with that deadline, on October 17, 2022, Ms. Bultemeyer filed her renewed motion and the parties fully briefed the motion. (Docs. 171, 176, 177). On February 2, 2023, the Court granted Ms. Bultemeyer’s Renewed Motion to Certify Class. (Doc. 178).

On February 16, 2023, Lumen filed a Rule 23(f) Petition for Permission to Appeal ) with the Ninth Circuit, which the Ninth Circuit denied on March 31, 2023. (Docs. 179, 180).

In the Order Granting Class Certification, the Court certified the following Class:

Every individual in the United States about whom Defendant CenturyLink obtained a consumer credit report using the personal information the individual entered into CenturyLink’s ecommerce website from November 14, 2012 through November 14, 2014 and who did not sign an arbitration agreement or class action waiver with CenturyLink.

If you are still not sure whether you are included, you can ask for free help by calling toll-free 1-877-495-0951 for more information.

You do not 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. If you do nothing now, regardless of whether Ms. Bultemeyer wins or loses at trial, you will not be able to sue, or continue to sue, Lumen 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 the Court issues in this case.

If you already have a lawsuit against Lumen for similar claims and want to continue with it, you need to ask to be opt-out 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 Ms. Bultemeyer wins damages at trial or there is a settlement. However, you may be able to sue or continue to sue Lumen on your own. If you exclude yourself, you will not be legally bound by any judgment in this Lawsuit. If you start your own lawsuit against Lumen after you exclude yourself, you will 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 you can start your own lawsuit against Lumen, you should talk to your own lawyer soon, because your claim(s) may be subject to a statute of limitations or other time-sensitive requirements.

No. You will not get any money from any settlement or judgment if you exclude yourself from this Lawsuit.

You can exclude yourself by sending a written request to opt-out. You cannot opt-out by telephone. You must send an “Opt-Out Request” in the form of a letter sent by U.S. Mail, or e-mail stating that you want to be excluded. You must include your name, address, telephone number, email address if you have one, and sign the opt-out letter. You must submit proof of authorization to submit the Opt-Out Request, if submitted by an authorized representative. You must submit your Opt-Out Request postmarked or time-stamped by February 21, 2024 by: mailing it to CenturyLink Class Action, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217, or e-mailing it to info@CenturyLinkClassAction.com.

An Opt-Out Request that does not include all of the foregoing information, that does not contain the proper signature, that is sent to an address other than the ones designated above, or that is not sent within the time specified shall be invalid and the person(s) filing such an invalid request shall be a Class Member.

All persons who submit valid and timely Opt-Out Request in the manner set forth above shall have no rights under the Lawsuit and shall not be bound by any judgment or settlement.

Yes. The Court has appointed Russell S. Thompson, IV and Andrew J. Brown to represent you as “Class Counsel.” Their contact information is as follows:

Russell S. Thompson, IV
Thompson Consumer Law Group, PC
11445 E Via Linda, Ste. 2 #492
Scottsdale, AZ 85259
602-388-8898
rthompson@ThompsonConsumerLaw.com

Andrew J. Brown
The Law Offices of Andrew J. Brown
501 W. Broadway, Ste. 1490
San Diego, CA 92101
619-501-6550
andrewb@thebrownlawfirm.com

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 your attorney 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 Lawsuit, they will ask the Court to award them attorney fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel’s request, the attorney fees and expenses would either be deducted from any money obtained for the Class or paid separately by Lumen. Class Counsel has not been paid any fees, nor reimbursed their expenses, for prosecuting this case since it was filed in 2014.

Trial has not yet been scheduled. You may obtain more information about the trial date on this website, when made avaialble.

You do not need to attend the trial. Class counsel will present the case for Ms. Bultemeyer and the Class, and Lumen will present its defenses. You or your own lawyer are welcome to attend at your own expense.

If at some point Ms. Bultemeyer 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.

Continue to regularly visit the website, www.CenturyLinkClassAction.com, where you will find the Court’s Order and Opinion certifying the Class, Ms. Bultemeyer’s Class Action Complaint, Lumen’s Answer to the Complaint, as well as other Court filings. You may also contact Class Counsel Directly.