Filed Date: Dec. 29, 2023
Case Ongoing
Clearinghouse coding complete
On December 29, 2023, a private plaintiff, represented by the Mexican American Legal Defense and Educational Fund, filed a class action lawsuit against First Technology Federal Credit Union (“FTF”), in the United States District Court for the Northern District of California, alleging that FTF followed a policy of denying full access to banking products and services to applicants on the basis of their immigration status, including those who have Deferred Action for Childhood Arrivals (DACA) status. The Plaintiff challenged FTF’s denial on two grounds: (1) discrimination based on immigration/citizenship status in violation of the Civil Rights Act of 1966; and (2) Unruh Civil Rights Act, California’s state civil rights act. The plaintiff sought class certification, declaratory judgment, a preliminary and a permanent injunction, and statutory and compensatory damages. This case was assigned to Magistrate Judge Thomas S. Hixson.
On September 5, 2024, the Plaintiff filed for a motion for preliminary approval of a class action settlement, and on October 8, Judge Hixson granted the motion. The court conditionally certified two classes, the California Class and the National Class. The California Class consisted of 20 individuals, who according to FTF, were residing in California and applied for a Residential Secured Loan (“RSL”) with FTF between December 21, 2021 through December 29, 2023, provided an employment authorization card (“EAD”) during the application process, and was denied their application solely because of their immigration or citizen status. The National Class consisted of 43 individuals, who according to FTF’s records, were residing in any other American state besides California, and applied for a RSL with FTF and provided their EAD during the application process between December 21, 2021 through December 29, 2023, and was denied their application solely based on their immigration or citizenship status. The settlement provided two forms of relief for class members: (1) corrective action in which FTF will not deny RSL applications solely because of an applicant’s immigration or citizenship status; and (2) FTF would pay $81,500 (“Settlement Fund”) to be used for individual payments to each class member to compensate for the alleged statutory violations and harm suffered. Each California class member received $3,000, and each National class member received $500.
On January 23, 2025, Judge Hixson granted final approval of class action settlement, finding no need to change what was approved in the preliminary approval and, on January 28, the court dismissed the case with prejudice, although it retained jurisdiction over the administration and enforcement of the settlement agreement. As of March 4, 2025, the court continues to monitor the settlement.
Summary Authors
Danica Fong (3/4/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68126520/parties/rodriguez-perez-v-first-tech-federal-credit-union/
Hixson, Thomas S. (California)
See docket on RECAP: https://www.courtlistener.com/docket/68126520/rodriguez-perez-v-first-tech-federal-credit-union/
Last updated Aug. 27, 2025, 3:03 a.m.
State / Territory:
Case Type(s):
Public Accommodations/Contracting
Key Dates
Filing Date: Dec. 29, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A DACA-recipient private plaintiff on behalf of himself and similarly situated plaintiffs
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
First Technology Federal Credit Union, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Northern District of California 4:23-cv-06704
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $133,405
Issues
General/Misc.:
Access to public accommodations - privately owned
Discrimination Area:
Discrimination Basis:
Immigration/Border: