The Court’s Final Settlement Approval Hearing scheduled for October 21, 2021 at 1:30 PM will now be held via a Zoom webinar.
All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc
If Checkr prepared a Continuous Check Arrest Report about you containing a record of an arrest that did not belong to you, but instead to another person between July 1, 2018 and June 16, 2021, you may qualify for a Settlement Payment in a class action lawsuit.
NOTE: If you are a member of the Mismatch Subgroup, the deadline to submit a claim in order to receive a monetary payment in connection with the settlement was September 7, 2021 and has passed.
What is this lawsuit and Settlement about?
The lawsuit alleges that Checkr violated the federal Fair Credit Reporting Act (or “FCRA”) by selling inaccurate background reports to current employers containing “real-time” arrest records that belonged to persons who were not the individual who was the subject of the background report. Checkr denies that it did anything wrong or that its conduct violated the FCRA, and no court or other entity has made any judgment or other determination of any liability.
How do I know if I am part of the Settlement Class?
The “Settlement Class” consists of the “Mismatch Subgroup Settlement Class Members” and the “Dispute Subgroup Settlement Class Members.” A Person shall only be counted once for purposes of Settlement Class membership. A Person who would be included in both the Mismatch Subgroup and the Dispute Subgroup shall be deemed to be in the Dispute Subgroup for purposes of the relief and procedures contained herein.
The “Mismatch Subgroup Settlement Class Members” consists of all natural Persons residing in the United States who: (1) were subject to at least one Continuous Check arrest record report (“CC Arrest Report”) from July 1, 2018 to June 16, 2021, where (2) Checkr’s records for the CC Arrest Reports reflect that the name in the Checkr name field of the CC Arrest Report did not have the same characters as the characters in the vendor name field of the CC Arrest Report, and where (3) the four digit year of birth in the Checkr date of birth field of the CC Arrest Report did not have the same characters as the four digit year of birth in the vendor date of birth field of the CC Arrest Report.
The “Dispute Subgroup Settlement Class Members” consist of all natural Persons residing in the United States who: (1) were subject to at least one CC Arrest Report between July 1, 2018 to June 16, 2021, where (2) Checkr’s records pertaining to disputes reasonably indicate that the consumer may have disputed with Checkr that the arrest record contained in the CC Arrest Report did not belong to them, and where (3) by the date that the Court enters its Preliminary Approval Order, Checkr’s records reflect that the consumer’s dispute of the CC Arrest Report resulted in a changed CC Arrest Report. The Dispute Subgroup Settlement Class Members are not intended to include consumers who disputed with Checkr, but where Checkr determined its original CC Arrest Report was accurate.
What does the Settlement provide?
Checkr has agreed to make important changes to its procedures for placing arrest records on background reports as a result of the settlement, including by confirming that there is no material mismatch between any of the name, year of birth, Social Security number, or driver license identifiers that Checkr has been provided by the consumer (or customer) for the consumer (if any) and any of the same identifiers provided by the vendor Checkr uses to obtain arrest record information.
Further, Checkr agrees to establish a Settlement Fund of $795,000.00. After administrative costs and attorneys’ fees are deducted, approximately $460,000.00 of that sum will be available to make monetary payments to members of the Settlement Class.
If you are a member of Mismatch Subgroup, you must submit a timely and valid Claim Form, to receive any cash payment. The payments are determined on a pro rata basis, meaning they will depend on the number of other people who make valid claims.
Class Members' legal rights are affected whether they act or don't act. Read the Notice carefully.
|FILE A CLAIM
- If you are a member of the Mismatch Subgroup, you must have submitted a claim in order to receive a monetary payment in connection with the settlement.
- If you are a member of the Dispute Subgroup, you do not need to do anything to receive a monetary payment in connection with the settlement.
Mismatch Subgroup submit by September 7, 2021
|ASK TO BE EXCLUDED ("OPT-OUT")
- Remove yourself from the Settlement Class and receive no payment from the Settlement fund.
- Keep your right to sue or continue to sue Checkr for the claims released by the Settlement.
- You cannot request exclusion and still object.
|Submit by September 7, 2021 (Passed)
- Tell the Court what you do not like about the Settlement.
- You will still be bound by the Settlement and you may still file a Claim.
- You cannot both request exclusion and object.
September 9, 2021
|ATTEND THE HEARING
- Ask to speak in Court about the Settlement.
- If you want your own attorney to represent you, you must pay for him or her yourself.
- File your Notice of Intent to Appear by September 9, 2021.
|October 21, 2021
At: 1:30 p.m.
- If you are a member of the Mismatch Subgroup, you will receive no payment from the Settlement fund, but you will still be bound by the Settlement unless you exclude yourself.
- If you are a member of the Dispute Subgroup, you do not need to do anything to receive a monetary payment in connection with the settlement. As long as you do not exclude yourself from the Settlement, you will receive a payment.