UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

IN RE:

THE PROGRESSIVE CORPORATION ) MDL Docket No. 1519

INSURANCE UNDERWRITING ) Consolidated Cases:

AND RATING PRACTICES LITIGATION ) No. 1:00cv0210; No. 5:02cv2384;

No. 3:01cv1465; No. 3:03cv0302;

No. 3:02cv2552; No. 3:03cv1176;

No. 4:05cv1647; No. 2:05cv1900;

And No. 1:05cv0150.

Judge: Maurice Paul

FIRST AMENDMENT TO AMENDED SETTLEMENT AGREEMENT

Plaintiffs and Defendants amend the “Amended Settlement Agreement,” filed with the

Court on March 20, 2006, by substituting the following provision in place of Section V.A. of said

agreement:

A. Practice Change

As of the Notice Cutoff Date, Progressive Defendants instituted new procedures in all

states where Policies are issued. The new procedures provide for Adverse Action Notices to be

provided to all persons who were the subjects of adverse action as defined by 15 USC §

1681(k)(1)(B)(i). Such notices affirmatively inform recipients that they have been subject to

adverse action as a result of an adverse credit report and contain such additional information as is

required by the FCRA. Progressive Defendants will continue to provide such notices unless and

until they are expressly relieved of such obligation, either by amendment to applicable statutes or

by decision of a court of competent jurisdiction. Progressive Defendants further agree that

henceforth they shall provide an Adverse Action Notice to all New Policyholders who would

have received a lower premium rate but for information obtained in a Consumer Report. It is

agreed and understood between the parties that the New Adverse Action Procedures used by

Progressive are subject to change from time to time provided that, any changes to the New

Adverse Action Procedures comply with applicable state and federal law. Progressive

acknowledges, however, that as long as the FCRA or federal law requires it, any changes in

Adverse Action Procedures used by Progressive shall always provide for Adverse Action Notices

to all New Policyholders who would have received a lower premium rate but for information

obtained in a Consumer Report, and that any changes in such procedures shall comply with all

applicable statutes regulating the use of Consumer Reports in setting insurance premiums.

Case 1:03-cv-01519-MP-AK Document 204 Filed 03/29/06 Page 1 of 3
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Defendants have authorized undersigned counsel to present this amendment to the Court 

as the agreement of the parties.

/s/ Terry A. Smiljanich 

Florida Bar No. 145359

JAMES HOYER NEWCOMER.&

SMILJANICH, PA

4830 W. Kennedy Blvd., Suite 550

Tampa, FL 33609

Lead Plaintiffs’ Counsel

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was electronically via ECF and

was mailed via U.S. Postal Service, this 29th day of March, 2006 on the following:

Barry Richard

Fred Harris

Greenberg Traurig, P.A.

101 East College Avenue

P.O. Drawer 1838

Tallahassee, FL 32302

Counsel for Defendants

Steve D. Larson

Stoll, Stoll, Berne, Lokting & Shlachter,P.C

209 S.W. Oak Street, Suite 500

Portland, OR 97204

Charles Ringo

4085 SW 109th Ave.

Beaverton, Oregon 97005

Counsel for Dikeman, Whitman and

Lulow

Earl Underwood

Earl Underwood, Attorney at Law

21 So. Section Street

Fairhope, AL 36532

David A. Szwak,

Bodenheimer, Jones,Szwak &

Winchell,LLP, 

401 Market Street, Suite 240

Shreveport, LA 71101

Counsel for Cooley, Carlson and Warren

Case 1:03-cv-01519-MP-AK Document 204 Filed 03/29/06 Page 2 of 3
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Mitchell A. Toups

Weller, Green, Toups & Terrell LLP

P.O. Box 350

Beaumont, TX 77704

Michael A. Caddell

Cynthia B. Chapman

Cory S. Fein

Caddell & Chapman

1331 Lamar, Suite 1070

Houston, TX 77010

Jeffrey D. Meyer

Cynthia R. Levin Moulton

Moulton & Meyer LLP

600 Travis Street Suite 6700

Houston, TX 77002

Counsel for Seth Silverman

Dawn Adams Wheelahan

17 Woodstone Square

Austin, TX 78703

Counsel for Ruby Johnson

N. Albert Bacharach, Jr.

115 NE 6th Avenue

Gainesville, FL 32601

Edward W. Cochran

Cochran & Cochran

20030 Marchmont Rd.

Shaker Heights, OH 44120

Frank H. Tomlinson

Pritchard McCall & Jones, LLC

505 N. 20th Street, Suite 800

Birmingham, AL 35203

Paul S. Rothstein

Attorney Paul S. Rothstein

626 North East First Street

Gainesville, FL 32601

Robert W. Bishop

Bishop & Associates, PSC

6520 Glenridge Park, Suite 6

Louisville, KY 40222

Counsel for Dunmore, Martin,

Birnsesser, Pekoc, Fetcher

John J. Pentz

Class Action Fairness Group

2 Clock Tower Place, Suite 260G

Maynard, MA 01754

Counsel for Thomas and

Marylin Bell

Kearney D. Hutsler

The Overlook Building, Suite 250

3620 8th Avenue South

Birmingham, AL 35222

Counsel for Objector Napoleon Davis

/s/ Terry A. Smiljanich 

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