Case: Camacho v. Alliant Credit Union

5:22-cv-01690 | U.S. District Court for the Northern District of California

Filed Date: March 16, 2022

Closed Date: Aug. 15, 2024

Clearinghouse coding complete

Case Summary

This is a case about a bank denying financial services to individuals on the basis of being a recipient of Deferred Action for Childhood Arrivals (DACA). On March 16, 2022, the plaintiff filed a class action complaint in United States District Court for the Northern District of California. The plaintiff brought this suit against Alliant Credit Union (a member-owned credit union) seeking class certification, declaratory and injunctive relief, statutory and compensatory damages, and attorney’s fe…

This is a case about a bank denying financial services to individuals on the basis of being a recipient of Deferred Action for Childhood Arrivals (DACA).

On March 16, 2022, the plaintiff filed a class action complaint in United States District Court for the Northern District of California. The plaintiff brought this suit against Alliant Credit Union (a member-owned credit union) seeking class certification, declaratory and injunctive relief, statutory and compensatory damages, and attorney’s fees under the Civil Rights Act of 1866, 42 U.S.C. § 1981 and California’s Unruh Civil Rights Act, California Civil Code § 51. The plaintiff sought a court declaration that the defendant’s actions violated § 1981 and California’s Civil Rights Act, and a preliminary and permanent injunction against the defendant from engaging in such unlawful practices. The plaintiff sought to represent two different putative classes: the National Class and California Sub-Class. The plaintiff was represented by the Mexican American Legal Defense and Educational Fund. The case was assigned to Judge Freeman.

The case arose after the plaintiff sought an automobile loan from the defendant in October 2021. The defendant pre-approved the plaintiff for the loan, but in the process of finalizing the loan terms the plaintiff informed the defendant that she was a DACA recipient (thus not a visa holder, permanent resident, or naturalized citizen). The defendant then informed the plaintiff that it did not lend on DACA status and that she would need to resubmit an application under her husband’s name. The plaintiff received a notice from the defendant that her application was “denied solely based on her ‘Residency Status.’”

On August 22, 2022, the defendant filed a motion to dismiss the complaint. It argued that the complaint must be dismissed because the claims were displaced by the Equal Credit Opportunity Act (ECOA); that the plaintiff failed to state a claim for alienage discrimination under § 1981; and that the plaintiff failed to state a claim under California’s Civil Right Act. Under the ECOA, a creditor may not discriminate against an applicant on the basis of race, color, religion, national origin, sex, marital status, or age. Regulation B of the ECOA allows a creditor to consider an applicant’s immigration status or status as a permanent resident of the United States, and any additional information that may be necessary to ascertain the creditor’s rights and remedies regarding repayment. The defendant claims that because the ECOA is more recently enacted it displaces the plaintiff’s § 1981 claims and preempts the California state law claims.

On January 10, 2023, the court issued an order denying the defendant’s motion to dismiss. Looking to other courts in the district, the court concluded that the ECOA and Regulation B did not displace § 1981, and that Regulation B does not permit a creditor to decline an applicant solely on the basis of residency or immigration status. For the same reasons the court concluded the ECOA did not preempt California’s Civil Rights Act.

On October 30, 2023, the plaintiff filed an unopposed motion for preliminary settlement approval. The proposed settlement included the following: 

  • Certification of Settlement Classes consisting of 28 individuals in California and 67 individuals elsewhere in the United States who had their credit applications denied by the defendant on the basis of DACA status
  • Corrective action that the defendant will not deny consumer credit applications based solely on the applicant’s immigration status
  • Creation of a Settlement Fund where the defendant would pay $86,750 used to make individual checks payable in the amount of $2,500 for California Class members and $250 for National Class members
  • Defendant agrees not to contest attorney’s fees up to $50,000

On April 15, 2024, the court granted preliminary approval of the plaintiff’s proposed settlement order. In August 2024, after the settlement was completed the court dismissed the case with prejudice.

This case is now closed.

Summary Authors

Tucker Gribble (3/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63165293/parties/camacho-v-alliant-credit-union/


Judge(s)

Freeman, Beth Labson (California)

Attorney for Plaintiff

Lozada, Luis Leonardo (California)

Saenz, Thomas Andrew (California)

Attorney for Defendant

Brooks, Camille Ann (California)

Richter, Stuart Matthew (California)

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Documents in the Clearinghouse

Document
1

5:22-cv-01690

Complaint

March 16, 2022

March 16, 2022

Complaint
49

5:22-cv-01690

Order Denying Motion to Dismiss

Jan. 10, 2023

Jan. 10, 2023

Order/Opinion

2023 WL 149999

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63165293/camacho-v-alliant-credit-union/

Last updated Aug. 5, 2025, 3:53 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR VIOLATIONS OF 42 U.S.C. § 1981 AND CALIFORNIA STATE LAW; INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES; DEMAND FOR JURY TRIAL against Alliant Credit Union, (Filing Fee: $402.00, receipt number ACANDC-16999576). Filed by Yuliana Camacho. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Thrift-Viveros, Deylin) (Filed on 3/16/2022) Modified on 3/17/2022 (tn, COURT STAFF). (Entered: 03/16/2022)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

March 16, 2022

March 16, 2022

Clearinghouse

~Util - Case Assigned by Intake

March 17, 2022

March 17, 2022

PACER
3

Summons Issued

March 17, 2022

March 17, 2022

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines

March 17, 2022

March 17, 2022

PACER
5

Certificate/Proof of Service

March 24, 2022

March 24, 2022

PACER
6

Consent/Declination to Proceed Before a US Magistrate Judge

March 29, 2022

March 29, 2022

PACER

Clerk's Notice of Impending Reassignment - Text Only

March 29, 2022

March 29, 2022

PACER
8

~Util - Case Assigned/Reassigned AND Order Reassigning Case

March 30, 2022

March 30, 2022

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

April 1, 2022

April 1, 2022

PACER
10

Waiver of Service Executed

April 22, 2022

April 22, 2022

PACER
11

Notice of Appearance

April 26, 2022

April 26, 2022

PACER
12

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options

June 1, 2022

June 1, 2022

PACER
13

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options

June 2, 2022

June 2, 2022

PACER
14

Stipulation and Proposed Order

June 3, 2022

June 3, 2022

PACER
15

Order on Stipulation

June 3, 2022

June 3, 2022

PACER
16

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

June 16, 2022

June 16, 2022

PACER
17

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

June 16, 2022

June 16, 2022

PACER
18

Joint Case Management Statement

June 16, 2022

June 16, 2022

PACER
19

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

June 16, 2022

June 16, 2022

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

June 16, 2022

June 16, 2022

PACER
21

Stipulation and Proposed Order

June 21, 2022

June 21, 2022

PACER
22

Order on Stipulation

June 21, 2022

June 21, 2022

PACER

Case Management Conference - Initial

June 23, 2022

June 23, 2022

PACER
24

Case Management Scheduling Order

June 28, 2022

June 28, 2022

PACER
25

Stipulation and Proposed Order selecting Early Settlement Conference with a Magistrate Judge

July 1, 2022

July 1, 2022

PACER
26

Stipulation and Proposed Order

July 5, 2022

July 5, 2022

PACER
27

Notice of Appearance

July 6, 2022

July 6, 2022

PACER
28

Stipulation and Proposed Order

July 6, 2022

July 6, 2022

PACER
29

Order on Stipulation selecting Early Settlement Conference with a Magistrate Judge

July 7, 2022

July 7, 2022

PACER
30

Order on Stipulation

July 7, 2022

July 7, 2022

PACER
31

Order on Stipulation

July 7, 2022

July 7, 2022

PACER

Set/Reset Deadlines

July 7, 2022

July 7, 2022

PACER
32

Notice of Appearance

Aug. 1, 2022

Aug. 1, 2022

PACER
33

Stipulation and Proposed Order

Aug. 5, 2022

Aug. 5, 2022

PACER
34

Order on Stipulation

Aug. 8, 2022

Aug. 8, 2022

PACER
35

Dismiss

Aug. 23, 2022

Aug. 23, 2022

PACER
36

Opposition/Response to Motion

Oct. 28, 2022

Oct. 28, 2022

PACER
37

Order

Oct. 31, 2022

Oct. 31, 2022

PACER
38

Stipulation and Proposed Order

Nov. 1, 2022

Nov. 1, 2022

PACER
39

Order on Stipulation

Nov. 2, 2022

Nov. 2, 2022

PACER
40

Opposition/Response to Motion

Nov. 2, 2022

Nov. 2, 2022

PACER
41

Pro Hac Vice

Nov. 17, 2022

Nov. 17, 2022

PACER
42

Reply to Opposition/Response

Nov. 17, 2022

Nov. 17, 2022

PACER
43

Order on Motion for Pro Hac Vice

Nov. 17, 2022

Nov. 17, 2022

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

Dec. 9, 2022

Dec. 9, 2022

PACER

Motion Hearing

Dec. 15, 2022

Dec. 15, 2022

PACER
46

Transcript Order

Dec. 28, 2022

Dec. 28, 2022

PACER
47

Transcript

Jan. 4, 2023

Jan. 4, 2023

PACER
48

Transcript Order

Jan. 5, 2023

Jan. 5, 2023

PACER
49

ORDER DENYING 35 MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 1/10/2023. (blflc2, COURT STAFF) (Filed on 1/10/2023) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

Clearinghouse
50

ANSWER to Complaint and Affirmative Defenses byAlliant Credit Union. (Richter, Stuart) (Filed on 1/24/2023) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
51

ORDER REQUESTING STATUS REPORT RE SETTLEMENT CONFERENCE. Status Report due by 8/29/2023. Signed by Judge Beth Labson Freeman on 8/22/2023. (blflc1, COURT STAFF) (Filed on 8/22/2023) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
52

STATUS REPORT and Notice of Settlement by Yuliana Camacho. (Lozada, Luis) (Filed on 8/29/2023) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
53

ORDER GRANTING 52 PLAINTIFF'S REQUEST TO VACATE ALL DATES; DIRECTING PLAINTIFF TO FILE DISMISSAL OR STATUS REPORT BY OCTOBER 28, 2023; AND ADMINISTRATIVELY CLOSING CASE. Signed by Judge Beth Labson Freeman on 8/29/2023. (blflc3, COURT STAFF) (Filed on 8/29/2023) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
54

First NOTICE OF MOTION OF WITHDRAWAL FOR ATTORNEY DEYLIN O. THRIFT-VIVEROS filed by Yuliana Camacho. Responses due by 9/28/2023. Replies due by 10/5/2023. (Thrift-Viveros, Deylin) (Filed on 9/14/2023) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER
55

ORDER APPROVING 54 NOTICE OF WITHDRAWAL. Signed by Judge Beth Labson Freeman on 9/15/2023. (blflc3, COURT STAFF) (Filed on 9/15/2023) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
56

First MOTION for Preliminary Settlement Approval re 53 Order - Notice of Motion and Unopposed Motion for Preliminary Settlement Approval filed by Yuliana Camacho. Motion Hearing set for 4/11/2024 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 11/13/2023. Replies due by 11/20/2023. (Attachments: # 1 Declaration Thomas A. Saenz, # 2 Exhibit Settlement Agreement, # 3 Exhibit RG2 Brochure, # 4 Proposed Order)(Saenz, Thomas) (Filed on 10/30/2023) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
57

CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to 56 First MOTION for Preliminary Settlement Approval re 53 Order - Notice of Motion and Unopposed Motion for Preliminary Settlement Approval filed by Yuliana Camacho set for 4/11/2024 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than 4/09/2024, at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 4/4/2024) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER

Clerk's Notice Setting Zoom Hearing

April 4, 2024

April 4, 2024

PACER
58

Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 4/11/2024 re 56 First MOTION Preliminary Settlement Approval re 53 Order, Unopposed Motion for Preliminary Settlement Approval filed by Yuliana Camacho.Final Approval Hearing set for 8/15/2024 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman.Total Time in Court: 33 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Luis Lozada. Defendant Attorney: Stuart Richter. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 4/11/2024) (Entered: 04/12/2024)

April 11, 2024

April 11, 2024

PACER

Motion Hearing AND ~Util - Set Hearings

April 12, 2024

April 12, 2024

PACER
59

EXHIBITS re 56 First MOTION Preliminary Settlement Approval re 53 Order, Unopposed Motion for Preliminary Settlement Approval Amended Long and Short-Form Notices filed byYuliana Camacho. (Related document(s) 56 ) (Lozada, Luis) (Filed on 4/15/2024) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
60

EXHIBITS re 56 First MOTION Preliminary Settlement Approval re 53 Order, Unopposed Motion for Preliminary Settlement Approval Amended Proposed Order filed byYuliana Camacho. (Related document(s) 56 ) (Lozada, Luis) (Filed on 4/15/2024) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
61

ORDER GRANTING 56 UNOPPOSED MOTION FOR PRELIMINARY SETTLEMENT APPROVAL. Signed by Judge Beth Labson Freeman on 4/15/2024. (blflc3, COURT STAFF) (Filed on 4/15/2024) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
62

STIPULATION WITH PROPOSED ORDER to File First Amended Complaint filed by Yuliana Camacho. (Attachments: # 1 Exhibit First Amended Complaint)(Lozada, Luis) (Filed on 5/6/2024) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
63

ORDER GRANTING 62 STIPULATION TO FILE FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES. Signed by Judge Beth Labson Freeman on 5/6/2024. (blflc3, COURT STAFF) (Filed on 5/6/2024) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
64

FIRST AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Alliant Credit Union. Filed by Yuliana Camacho, Joshua Soto Lopez. (Lozada, Luis) (Filed on 5/6/2024) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
65

CLERK'S NOTICE NOTIFYING PARTIES OF IN-PERSON HEARING. ALL MOTION HEARINGS SET TO BE HELD BEFORE JUDGE BETH LABSON AFTER JULY 1, 2024 WILL BE HELD IN PERSON IN SAN JOSE, COURTROOM 1, 5TH FLOOR. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tsh, COURT STAFF)(Filed on 7/2/2024) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER

Clerk's Notice

July 2, 2024

July 2, 2024

PACER
66

First MOTION for Attorney Fees, Costs, and Service Awards filed by Yuliana Camacho. Motion for Attorney Fees Hearing set for 8/15/2024 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman. Responses due by 8/29/2024. Replies due by 9/5/2024. (Attachments: # 1 Declaration)(Lozada, Luis) (Filed on 7/5/2024) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

PACER
67

NOTICE OF MOTION AND UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT re 61 Order on Motion for Miscellaneous Relief filed by Yuliana Camacho. Motion Hearing set for 8/15/2024 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman. Responses due by 8/29/2024. Replies due by 9/5/2024. (Attachments: # 1 Declaration, # 2 Proposed Order)(Lozada, Luis) (Filed on 7/5/2024) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

PACER
68

CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to 66 First MOTION for Attorney Fees, Costs, and Service Awards, 67 NOTICE OF MOTION AND UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT re 61 Order on Motion for Miscellaneous Relief set for 8/15/2024 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than 8/13/2024, at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 8/8/2024) (Entered: 08/08/2024)

Aug. 8, 2024

Aug. 8, 2024

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 8, 2024

Aug. 8, 2024

PACER
70

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE (re 66, 67 ). Signed by Judge Beth Labson Freeman on 8/15/2024. (blflc3, COURT STAFF) (Filed on 8/15/2024) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

RECAP

Motion Hearing

Aug. 15, 2024

Aug. 15, 2024

PACER
69

Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 8/15/2024 re 67 First MOTION Final Approval of Class. Total Time in Court: 9:00 - 9:12. Court Reporter: Marla Knox. Plaintiff Attorney: Luis Lozada. Defendant Attorney: No Appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 8/15/2024) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

PACER

Case Details

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Immigration and/or the Border

Key Dates

Filing Date: March 16, 2022

Closing Date: Aug. 15, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of individuals discriminated against by bank for their DACA status

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Withdrawn

Defendants

Alliant Credit Union, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $86,750

Issues

Discrimination Area:

Contracting

Discrimination Basis:

Immigration status

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)