IF you are an employee or job applicant in Florida subject of a consumer report obtained by an Express franchisee for employment purposes but to whom the Express Franchisee did not provide a lawful disclosure or from whom the Express Franchisee did not obtain lawful authorization prior to procuring the report in the two years preceding the filing of this action and extending through June 29, 2021,
IF you are an Express applicant or employee in Florida, and specific franchisees in Wisconsin, New York, Colorado, Utah and Illinois against whom adverse employment action was taken, based in whole or in part, on information contained in a consumer report obtained within two years preceding the filing of this action through June 29, 2021, who was not first provided notice, a copy of your report or summary of rights,
YOU ARE A MEMBER OF THE SETTLEMENT CLASS AND MAY BE ENTITLED TO A MONETARY RECOVERY.
This litigation has been brought by Artis Fagins (the “Class Representative”), on behalf of himself and all others similarly situated, against Defendant, Express Services, Inc. d/b/a Express Employment Professionals (“Defendant”), alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (the “FCRA”). In the Class Action Complaint, the Class Representative seeks certification of an Express Disclosure Class and Adverse Action Subclass under the FCRA.
Plaintiff alleges in his Class Action Complaint (the “Complaint”) that Defendant violated 15 U.S.C. § 1681b(b)(2)(A) of the FCRA by failing to: 1) disclose to the Plaintiff and other of its employees, former employees, and/or prospective employees (in a document consisting solely of the disclosure) that it was going to obtain a consumer report for employment purposes prior to obtaining a copy of the actual report; and, 2) as a result, obtain the proper authorization under the FCRA to obtain those consumer reports (collectively, the “FCRA Claims”). More particularly, the Plaintiff alleges that the FCRA disclosure and authorization form(s) utilized by Defendant: 1) was/were not (a) stand-alone disclosure(s); and 2) contained extraneous information. Defendant denies that the FCRA disclosure and authorization forms utilized violated/violate the FCRA. Defendant has raised several meritorious defenses to the Class Representative’s allegations that Defendant violated the FCRA.
The Proposed Settlement provides for monetary benefits, as follows:
- In consideration for the dismissal with prejudice of the FCRA Claims, and the releases set forth below, Defendant shall establish $509,480.00 as a total gross settlement fund (“Settlement Fund”) to the Settlement Class for statutory damages, attorney’s fees and costs, pursuant to the FCRA and all applicable state law(s), in the form of a check (“Settlement Check”) from which each identifiable Express Disclosure Class Member will be provided a notice to file a claim (“Claim Form”) to receive a Settlement Payment in the form of a check (“Settlement Check”).
- The Class Counsel’s fees and litigation-related costs and expenses, consideration to the Class Representative for executing a general release, and the settlement administration expenses will be paid from the gross Settlement Fund.
- The payments to the Class Members under this Settlement Agreement shall be made within seven (7) days from the date the Settlement becomes final.
- The payments to the Class Members shall be in the form of a Settlement Check which will become void one hundred and eighty (180) days from the date of issue. The date of issue of the Settlement Check shall be the same date as the date the Settlement Check is mailed to each Settlement Class Member. Once a Settlement Check issued to a Class Member pursuant to this section becomes void, Defendant shall have no further obligation to such Class Member.
- If any Class Member does not negotiate his or her Settlement Check within one hundred and eighty (180) days from the date of issuance, the funds shall revert back to Defendant, subject to Court approval.
More details of the proposed Settlement are in a document called the Settlement Agreement, which is available for your inspection at the Clerk of the Circuit Court, Alachua County, 201 East University Avenue, Gainesville, Florida 32601, during normal business hours or in the Important Court Documents section of this website.