The claimant in Murray filed suit in 2005 about purported violations of § 1681m that appear to have occurred in 2004. See Murray v. GMAC Mortgage Corp., No. 05 C 1229, 2005 WL 3019412, at *1 (N.D. Ill. Nov. 8, 2005) (lower court decision on unrelated class certification issue describing underlying allegations in the case). The Seventh Circuit began its opinion in Murray by stating that the change to § 1681m created by FACTA "does not apply to offers made before its effective date and thus does not affect this litigation."

Edelman Combs is extremely experienced in the field of consumer class actions and has not acted inappropriately in this litigation. We are aware of Judge Der Yeghiayan's recent opinion in Murray v. GMAC Mortgage Corp., 05 C 1229, 2005 WL 3019412, 2005 U.S. Dist. LEXIS 27254 (N.D.Ill. Nov. 8, 2005) where Judge Der Yeghiayan found that the proposed class failed to meet the adequacy and superiority requirements of Rule 23. Judge Der Yeghiayan stated that the class counsel was inadequate based in part on its decision not to seek recovery for any actual damages suffered by the class.