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Tuesday, July 23, 2024 | Back issues
Courthouse News Service Courthouse News Service

Firm Claims LexisNexis Stymied Court Access

(CN) - LexisNexis failed to take reasonable steps to ensure Kentucky law firms have unfettered access to their court's new electronic filing system, a class action claims.

In its lawsuit, plaintiff Yudkin & Brebner law firm says it attempted to e-file a complaint with the Fayette County Circuit Court when it was notified that its check was declined by LexisNexis, which is owned by defendant Reed Elsevier Inc.

The reason given was insufficient funds to cover the check in the plaintiff's bank account.

At the time, attorney Franklin Yudkin had just completed e-filing training in Frankfort, Ky., and this was the first case the firm had attempted to E-file, the complaint says.

The law firm checked with its bank, and was told there was sufficient money in its account to cover the transaction. It says a subsequent investigation revealed the decision to decline its payment was based on erroneous information contained in a consumer credit report provided by defendant Global Payment Check Services Inc., which is owned by defendant Global Payments.

Yudkin & Brebner says that after talking to its bank, it is certain defendant Global had records indicating there was sufficient money in the firm's court cost account to pay any electronic check on the day it was presented.

But the law firm's frustration didn't end there. It says it attempted t contact Global Payment Check Services to rectify the situation, but could not reach anything but voice mail when it attempted to call the number and extension provided for customer care.

"When Yudkin attempted to press any other extensions, humans who answer[ed] would not speak to him about the situation and said the only solution was to leave a voice message on extension 407," the complaint says.

The law firm says the problem has not been rectified and that to date it, "has been denied the ability to E-file any actions in the Commonwealth of Kentucky, when it has funds available in its bank account to cover the E-filing presentations."

It asserts that "LexisNexis/Reed Elsevier Inc., uses its divisions of LexisNexis Vitalchek Network Inc., and/or LexisNexis Risk Solutions Inc. to deny Plaintiff the right to E-file in the Fayette Circuit Court or any other courts in Kentucky that allow E-filing."

Yudkin & Brebner seeks class action status for all Kentucky lawyers, unspecified damages and injunctive relief on claims of violations of the Fair Credit Reporting Act and the Kentucky Consumer Protection Act.

The complaint was filed by Franklin Yurdin.

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