Speers v. Pre-Employ, Inc.

Case Number 3:13-cv-01849-BR


Important Dates and Documents: 

THIS NOTICE RELATES TO A PROPOSED SETTLEMENT IN A CLASS ACTION LAWSUIT WHICH ALLEGES THAT PRE-EMPLOY.COM, INC. ("PRE-EMPLOY") VIOLATED THE FAIR CREDIT REPORTING ACT ("FCRA") BY FAILING TO MAINTAIN STRICT PROCEDURES DESIGNED TO ENSURE THAT ADVERSE PUBLIC-RECORD INFORMATION THAT IT REPORTED WAS COMPLETE AND UP TO DATE. PRE-EMPLOY DENIES THAT IS VIOLATED THE LAW IN ANY WAY, BUT THE PARTIES HAVE AGREED TO RESOLVE THE LAWSUIT BY A PROPOSED SETTLEMENT.

Your legal rights are affected whether you act or don’t act. Read this notice carefully.

Your Legal Rights and Options in this Settlement

Do Nothing

If you do nothing and the Court approves this settlement, you will receive a settlement payment. You will not be able to sue Pre-Employ for the same issues as in this lawsuit again.


Ask to be Excluded by December 21, 2015

If you do not want to be included in the case and the settlement, you must exclude yourself. This is called “opting out.” This is the only option that allows you to sue Pre-Employ for these same issues again. You will not be entitled to a settlement payment if you opt out.


Object by December 21, 2015

You may write to the Court about why you don’t like the settlement. You cannot object if you opt out.


Go to a Hearing on January 27, 2016

You may ask to speak in Court about the fairness of the settlement.


DESCRIPTION OF THE LAWSUIT

This case is about whether Pre-Employ violated the FCRA by failing to maintain strict procedures designed to ensure that adverse public record information that it reported to potential employers about consumers like you was complete and up to date. Plaintiff April Speers sued Pre- Employ in a class action case (Speers v. Pre-Employ, Inc., No. 3:13-cv-01849-BR) alleging it willfully violated Section 1681k(a)(2) of the FCRA.

Pre-Employ disputes Plaintiff’s allegations and denies all liability to Plaintiff and the Settlement Class. No court has found Pre-Employ to have violated the law in any way. No court has found that Plaintiff could recover any certain amount in this litigation.

On April 1, 2015, the Parties mediated the case with the supervision of United States Magistrate Judge Thomas J. Coffin. The mediation was successful, resulting in the Settlement, which covers a class of individuals who were the subject of background checks performed by Pre-Employ. You are receiving this notice because you are in the Class.

Although the Court has authorized Notice to be given of the proposed settlement, this Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit. The Settlement is not yet final.

WHO IS INCLUDED IN THE SETTLEMENT

You are part of the settlement if, at any time from October 16, 2011, to August 17, 2015, you were the subject of one or more consumer reports furnished to a third party by Pre-Employ, and your report was later corrected by Pre-Employ after you disputed that information the report contained was incomplete, not up to date, and/or inaccurate.

Pre-Employ’s records indicate you are a member of the Settlement Class. If you are uncertain as to whether you are a member of the Settlement Class, you may contact Class Counsel to find out. In all cases, the question of class membership will be determined based on Pre-Employ’s records.

SETTLEMENT BENEFITS

If you are a member of the Settlement Class, you are eligible to receive a benefit under the settlement. If you remain a member of the Settlement Class and do not exclude yourself, you will receive a check for your share of the settlement. Pre-Employ has agreed to pay $120,000 into a settlement fund, which will be divided pro rata among all Settlement Class members who do not opt out. Pre-Employ has also agreed separately to pay Attorney’s Fees of $140,000 to Class Counsel. This payment of attorneys’ fees will not reduce the amount you will receive from the settlement and must be approved by the Court. Based on the anticipated number of members of the Settlement Class, your share of the fund will be approximately $150.00.

To receive your settlement payment, you do not have to do anything. A check will automatically be mailed to you after certain deadlines pass if you do not exclude yourself from the settlement. Your interest as a member of the Settlement Class will be represented by the Plaintiff, April Speers, and Counsel for the Class. You will be bound by any judgment arising from the settlement if you do not exclude yourself.

Upon the Court’s final approval of the settlement, all members of the Settlement Class who do not exclude themselves (as well as their heirs, spouses, and/or representatives) will release Pre-Employ (and its owners, directors, agents, and representatives) from all claims arising out of or relating to the facts alleged or which could have been alleged or asserted in this lawsuit, including but not limited to any and all claims under the FCRA and any parallel state or common law claims.

This release may affect your rights and may carry obligations in the future. To view the full terms of the release, review Section IX of the Settlement Agreement, which is available through Class Counsel or click here.

EXCLUDING YOURSELF

If you choose to be excluded from the settlement, you will not be bound by any judgment or other final disposition of the lawsuit. You will retain any claims against Pre-Employ you may have.

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by U.S. mail, stating that you want to be excluded from Speers v. Pre-Employ, Inc. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request so that it is postmarked by December 21, 2015 to:

Angeion Group
c/o Speers Class Action Administrator
1801 Market Street, Ste. 660
Philadelphia, PA 19103

If the request is not postmarked on or before December 21, 2015, your exclusion will be invalid, and you will be bound by the terms of the settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims which arise out of or relate in any way to the claims in the case as specified in the release referenced above.

Unless you exclude yourself, you give up any right to sue Pre-Employ for the claims that this settlement resolves. If you have a pending lawsuit against Pre-Employ, speak to your lawyer in that case immediately.

OBJECTING TO THE SETTLEMENT

You can object to any aspect of the proposed settlement by filing and serving a written objection. Your written objection must include: (1) a statement of the objection(s) being asserted; (2) a detailed description of the facts and legal authorities underlying each objection; (3) a notice of your intent to appear at the final Fairness Hearing at 10:00 am on January 27, 2016, if you intend to appear; (4) a list of any witnesses who may be called to testify at the Fairness Hearing, whether in person, by deposition, or affidavit; and (5) a list of any exhibits, and copies of the same, which you may offer at the Fairness Hearing.

Any objections submitted by a lawyer must include, in addition to the information in the previous paragraph, (a) the identity and number of the Settlement Class Members represented by objector’s counsel; (b) the number of such represented Settlement Class Members who have opted out of the Class; and (c) the number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected.

If any objector’s counsel will ask to be awarded attorneys’ fees or expenses from a source other than his or her client, the objector’s counsel must file with the Court, and serve on all Counsel, in addition to the documents described above, so that it is received not later than twenty-one (21) days before the Final Fairness Hearing, a document including the following information: (a) a description of the attorney’s legal background and prior experience in connection with class action litigation, including all prior cases in which the attorney has represented an objector to a class action settlement; (b) the amount of fees sought by the attorney representing the objector(s), as well as the factual and legal justification for the fees requested; (c) a statement identifying the manner in which the requested fees were calculated; (d) the number of hours spent by the attorney and an estimate of the hours to be spent in the future; and (e) the attorney’s hourly rate.

You must file any objection with the Clerk of Court at the address below by December 21, 2015:

Magistrate Judge Thomas J. Coffin
Case: Speers v. Pre-Employ.com, Inc., No. 3:13-cv-01849-TC
Wayne L. Morse U.S. Courthouse
405 East Eighth Ave.
Eugene, Oregon 97401

You must also send your objection by first class mail, postmarked by December 21, 2015, to Class Counsel and Pre-Employ’s counsel. These documents should be mailed to Class Counsel at:

Craig C. Marchiando
Consumer Litigation Associates, P.C.
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601

And to Pre-Employ’s counsel at:

Deanna L. Wray
Bodyfelt Mount
319 SW Washington St., Suite 1200
Portland, Oregon 97204

Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

FINAL FAIRNESS HEARING

There will be a final Fairness Hearing to consider approval of the proposed settlement at 10:00 am on January 27, 2016 at the United States District Court for the District of Oregon, Courtroom 4, United States Courthouse, 405 East Eighth Avenue, Eugene, Oregon 97401-2706. The hearing may be postponed to a later date without further notice. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the settlement, whether the Settlement Class is adequately represented by the Plaintiff and Class Counsel, and whether an order and final judgment should be entered approving the proposed settlement. The Court also will consider Class Counsel’s application for an award of attorneys’ fees and expenses, administration expenses, and Plaintiff Speers’ compensation.

You will be represented by Class Counsel at the Fairness Hearing, unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.

If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, if you wish. If you wish to speak at the Fairness Hearing yourself, you must send with your objection a notice of intention to appear at the hearing as described above, and pay your own expenses to attend the hearing. You may not be allowed speak at the hearing if you exclude yourself.

LAWYERS REPRESENTING YOU

The Court decided that the law firms of Stoll Stoll Berne Lokting & Shlachter P.C., Caddell & Chapman, and Chimicles & Tikellis LLP will represent you in the Settlement Class as Class Counsel.

Class Counsel represent the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

Pre-Employ has agreed to pay Class Counsel $140,000 in attorney’s fees and costs. Class Counsel intend to apply to the Court for approval of such attorneys’ fees. Class Counsel also will seek compensation for Plaintiff Speers in an amount not to exceed $4,000. The attorney fees and costs, payment to Speers, and administration expenses will be paid by Pre-Employ, not by you, and none of these payments reduce your share of the settlement fund.

MORE INFORMATION

This Notice is only a summary. You may contact the Settlement Administrator at SpeersFCRASettlement@AngeionGroup.com or toll free at 1-888-868-4936, or you may contact Class Counsel at (757) 930-3660. Do not contact the Court for information.

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