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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
IF YOU APPLIED FOR EMPLOYMENT WITH CRST, INC.
nka CRST EXPEDITED, INC., (“CRST”)
BETWEEN DECEMBER 1, 2006 THROUGH JULY 31, 2012
YOU COULD GET A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT.
A federal court authorized this notice. This is not a solicitation from a lawyer.
A settlement will provide $4,250,000.00 to pay claims to persons who applied for a job with CRST and about whom a background check (consumer report) was obtained and/or relied upon or used.
The settlement resolves a lawsuit about whether CRST violated the Federal Fair Credit Reporting Act (“FCRA”) in the manner in which it used the background checks (consumer reports) of
persons who applied for jobs with CRST; it avoids costs and risks to you from continuing the lawsuit; pays money to persons like you; and releases CRST from liability.
You may be entitled to a cash payment of: (1) up to $200.00 if you applied for employment with CRST from
December 1, 2009, through July 31, 2012; or (2) up to $125.00 if you applied for employment with CRST from
December 1, 2006, through November 30, 2009.
Court-appointed lawyers for class members will ask the Court for an amount up to thirty percent of the fund as fees and expenses for investigating the facts, litigating the case, and negotiating the 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:
SUBMIT A CLAIM FORM
The only way to get a payment up to $200.00 (if you applied for employment
with CRST from December 1, 2009 through July 31, 2012); or up to $125.00
(if you applied for employment with CRST from December 1, 2006, through
November 30, 2009).
Get no payment. This is the only option that allows you to ever be part of any other
lawsuit against CRST about the legal claims in this case.
Write to the Court about why you don’t like the settlement.
|GO TO A HEARING
Ask to speak in Court about the fairness of the settlement.
Get no payment. Give up rights.
The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the
Court approves the settlement and after appeals are resolved. Please be patient.
1. What is this lawsuit about?
This lawsuit alleges that CRST did not comply with the Fair Credit Reporting Act in the manner in which it obtained
and/or relied upon or used the consumer reports of job applicants. If you are a Class Member, CRST procured and/or
relied upon or used your consumer report from HireRight in connection with your application for employment with
CRST. The suit alleges that CRST violated your rights under a federal law – the FCRA – in the manner in which it procured
and/or relied upon or used your consumer report in connection with your application for employment with CRST.
2. Why is this a class action?
In a class action, one or more people called Class Representatives (in this case Bruce White), sue on behalf of people
who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class
Members, except for those who exclude themselves from the Class. U.S. District Judge James S. Gwin is in charge of
this class action.
3. Why is there a settlement?
The Court did not decide in favor of Plaintiffs or CRST. The Plaintiff thinks he could have won at trial. CRST thinks
the Plaintiff would not have won anything from a trial. But there was no trial. Instead, both sides agreed to a settlement.
That way, they avoid the cost of a trial, and the people affected will get compensation. The Plaintiff, CRST, and the attorneys
think the settlement is best for all Class Members.
WHO IS IN THE SETTLEMENT?
To see if you will get money from this settlement, you first have to
decide if you are a Class Member.
4. How do I know if I am part of the settlement?
You are a member of this Settlement Class and are affected by the settlement if you applied for employment
with CRST and CRST obtained and/or relied upon or used your consumer report on or after December 1, 2006 through
July 31, 2012 (“Class Period”).
Specifically, for the purposes of settlement only, the Court has provisionally certified a Settlement Class as defined
All natural persons residing in the United States who applied for employment with CRST during the Class Period
via facsimile, telephone, electronic mail, by regular mail, or other similar means, and during the application process,
about whom CRST procured a Consumer Report and/or relied upon or used a Consumer Report in connection with the
Class Members’ application for employment with CRST.
Excluded from the Class are all counsel in this case, any judge who has presided over either mediation or disposition
of this case (and the members of his immediate family), and any person who has already released CRST.
THE SETTLEMENT BENEFITS—WHAT YOU GET?
5. What does the settlement provide?
CRST has agreed to create a $4,250,000.00 fund to be divided among all Class Members who send in a valid claim form.
6. What is the amount of my payment?
Payments will be made by check to each Class Member who submits a claim as follows:
- If you timely submit a claim confirming that you applied for employment with CRST on or after December 1,
2006, through November 30, 2009, and affirm that you were not aware of or had not discovered the alleged violation
of the FCRA that forms the basis of this lawsuit prior to December 1, 2009, you will be entitled to a gross
settlement of an amount not to exceed $125.00.
- If you timely submit a claim confirming that you applied for employment with CRST on or after December 1,
2009, through July 31, 2012, you will be entitled to a gross settlement of an amount not to exceed $200.00.
- Because the amount of each check to be issued is subject to pro rata deduction from the Settlement Fund for
costs of notice and settlement administration, attorney’s fees, costs approved by the Court, and the number of
Class Members who submit a valid claim, your expected payment will be a “Net” amount of the Maximum
Gross Settlement Payment.
HOW YOU GET A PAYMENT—SUBMITTING A CLAIM FORM?
7. How can I get a payment?
To qualify for payment, you must file a claim form. You may download a claim form for mailing by clicking here.
Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than February 6, 2013.
If you received a claim form in the mail and you would like to file online, click here.
8. When would I get my payment?
The Court will hold a hearing on February 22, 2013, to decide whether to approve the settlement. If Judge Gwin
approves the settlement after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and
resolving them can take time, perhaps more than a year. Everyone who sends in a claim form will be informed of the
progress of the settlement. Please be patient.
9. What am I giving up to get a payment or stay in the Class?
Unless you exclude yourself, you are staying in the class, and that means that you can’t sue, continue to sue, or be
part of any other lawsuit against CRST about the legal issues in this case. It also means that all of the Court’s orders will
apply to you and legally bind you.
If you don’t want a payment from this settlement, but you want to keep the right to sue or continue to sue CRST on
your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is
sometimes referred to as opting out of the Settlement Class.
10. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from
White v. CRST. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion
request postmarked no later than February 6, 2013, to: CRST Settlement, c/o Settlement Administrator, P.O. Box
1607, Blue Bell, PA 19422. You are responsible for paying your own postage.
If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will
not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) CRST in the
11. If I don’t exclude myself, can I sue CRST for the same thing later?
No. Unless you exclude yourself, you give up any right to sue CRST for the claims that this settlement resolves. If
you have a pending lawsuit speak to your lawyer in that case immediately. You must exclude yourself from this Class to
continue your own lawsuit. Remember, the exclusion deadline is February 6, 2013.
12. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, do not send in a claim form to ask for any money. But, you may sue, continue to sue,
or be part of a different lawsuit against CRST.
THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in this case?
The Court appointed the law firms of Stumphauzer | O’Toole and Consumer Litigation Associates, to represent you
and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want
to be represented by your own lawyer, you may hire one at your own expense.
14. How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of up to 30% of the Settlement Fund for attorneys’ fees as well
as payment for expenses incurred to prosecute the case. Class Counsel will also ask the Court to approve a payment of
$15,000.00 to Bruce White for his services as Class Representative. The fees would pay Class Counsel for investigating
the facts, litigating the case, and negotiating the settlement. The Court may award less than these amounts. CRST has
agreed not to oppose these fees and expenses.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you don’t agree with the settlement or some part of it.
15. How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why
you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying
that you object to White v. CRST. Be sure to include your name, address, telephone number, your signature, and the reasons
you object to the settlement. Mail the objection to these three different places postmarked no later than February 6,
United States District Court for the
Northern District of Ohio
801 West Superior Avenue
Cleveland, OH 44113
Dennis M. O’Toole
Stumphauzer | O’Toole
5455 Detroit Road
Sheffield Village, OH 44054
Gregory J. Lucht
Benesch, Friedlander, Coplan & Aronoff, LLP
200 Public Square
Cleveland, OH 44114-2378
16. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you
stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself,
you have no basis to object because the case no longer affects you.
THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.
17. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing on February 22, 2013, at the United States District Court for the Northern
District of Ohio, 801 West Superior Avenue, Cleveland, Ohio 44113. At this hearing the Court will consider whether the
settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Gwin will listen
to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After
the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
18. Do I have to come to the hearing?
No. Class Counsel will answer questions Judge Gwin may have. But, you are welcome to come at your own expense.
If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection
on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
19. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that
it is your “Notice of Intention to Appear in White v. CRST”. Be sure to include your name, address, telephone number,
and your signature. Your Notice of Intention to Appear must be postmarked no later than February 6, 2013 and be sent
to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question 15 above. You cannot
speak at the hearing if you excluded yourself.
IF YOU DO NOTHING
20. What happens if I do nothing at all?
If you do nothing, you’ll get no money from this settlement. But, unless you exclude yourself, you won’t be able to
start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against CRST about the legal issues in this case,