681

Case Number 5:20-cv-00214-JGB-KK.

If you were or are an employee of Enterprises Auto O’Reilly LLC between January 31, 2021, and February 17, 2021, you may be entitled to the benefits proposed under the settlement described below, and your rights may be affected by a class action lawsuit against the Defendant, O’Reilly or Auto Enterprises O’Reilly.

You are not encountering any legal proceedings. This notification has been sanctioned by a court. This is not a solicitation from a lawyer.

Please carefully review this notice. It contains crucial details regarding your entitlements.

  • From January 31, 2015 to February 17, 2021, a consumer report was obtained for all workers in the United States who filled out O’Reilly Auto Enterprises, LLC’s disclosure, authorization, and digital signature forms in their job application. This legal case pertains to a group identified as:
  • You are receiving this Notice because O’Reilly’s records indicate that you might be one of the Class Members mentioned above.
  • O’Reilly claims that the plaintiff violated the Fair Credit Reporting Act (“FCRA”) by obtaining a consumer report using disclosure forms that included unnecessary details. It is incorrect to deny anything to O’Reilly in this matter. O’Reilly’s acceptance of liability should not be interpreted as an admission, and the proposed settlement represents a compromise of disputed claims.
  • The Court has authorized the Parties to provide notice of the proposed settlement, even though no opinion on the merits of the Defendant’s defenses or Plaintiff’s claims has been expressed by the Court. The proposed settlement may impact your rights.
  • If you are currently employed by O’Reilly, you will not be retaliated or penalized against for participating in this settlement class action. Your employment will not be affected in any way.
  • You have a variety of choices at your disposal.
  • DO NOTHING.

    Violations of the FCRA 15 U.S.C. §§ 1681b(b)(2)(A)(ii) and 15 U.S.C. § 1681b(b)(2)(A)(i), which include allegations that O’Reilly did not provide appropriate disclosures before obtaining consumer reports, and did not obtain proper authorizations before obtaining consumer reports, are some of the claims that arise from the allegations made in the Action for which you will waive any rights to file a lawsuit. Moreover, if you take no action, you will receive a portion of the settlement funds.

    REQUEST TO BE REMOVED (OPT-OUT).

    Opt out of this legal case. Retain your entitlement to file an independent lawsuit against O’Reilly.

    If you ask to be excluded, you may still have the right to bring your own claims against O’Reilly for the same legal claims in the lawsuit, but you will not receive a share of the settlement proceeds.

    OBJECT.

    Disapprove of the conditions of this Agreement.

    The options accessible to you are elucidated in this notice. To refuse or differ, you must take action prior to March 5, 2023.

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    1. What is the reason for receiving this notification?

    Class participants have been sent this notification as O’Reilly’s records indicate that you are part of this group. A tentative agreement has been reached in a legal case filed on behalf of Defendant’s staff members.

    2. What is the subject matter of this legal case?

    A consumer report was obtained for employees in the United States who completed O’Reilly Auto Enterprises, LLC’s disclosure, authorization, and digital signature forms in its job application, during the period of January 31, 2015 to February 17, 2021. The lawsuit, filed on January 31, 2020, alleges that O’Reilly failed to make appropriate disclosures regarding the potential acquisition of a consumer report, as required by the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681b(b)(2)(A)(i), and also failed to obtain valid authorizations before obtaining consumer reports, in violation of the FCRA, 15 U.S.C. §§ 1681b(b)(2)(A)(ii). This lawsuit represents the collective claims of employees.

    3. Has the Court determined which party is correct?

    No. The Court has not reached a conclusion regarding the merits of Plaintiff’s claims or O’Reilly’s defenses.

    4. What was the reason for the settlement of this case?

    Additionally, engaging in more legal proceedings would prolong the process and incur significant costs, while also drawing away the attention of management and employees. Despite O’Reilly’s disagreement with the Plaintiff’s allegations and their assertion of fulfilling all legal obligations towards their employees, the Parties have decided to reach a settlement to avoid the potential risks, inconveniences, and expenses associated with continuing litigation. Considering the investigation’s findings, the considerable amount of time and resources that would be required for further legal action, and the uncertainty surrounding the laws related to some of the presented claims, the Plaintiff and their attorneys believe that the proposed settlement is just, sufficient, and in the best interest of the class members it pertains to.

    5. What are the conditions of the agreement and how much compensation will I get?

    Pending final approval from the Court, the subsequent sums will be subtracted prior to disbursing any payments to employees as part of the suggested resolution. The highest possible settlement figure stands at $950,000.00.

    Attorneys’ Fees:.

    $237,500.00.

    Litigation Costs:.

    Up to $12,500.00.

    Expenses for Claims Administration:

    $197,455.64.

    Service Recognition given to the Named Plaintiff:.

    $7,500.00.

    The payment for the FCRA Class Members who receive this notification (“Net Settlement Amount”) will be allocated as $495,044.36 after deducting these sums.

    The amount will be divided by the number of Participating FCRA Class Members to determine each individual’s share, while an equal amount of the Participating FCRA Class Member will be used to divide the Net Settlement Amount.

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    All Payments for Settlement by Class Members will be allocated as 100% statutory damages for tax purposes.

    Your approximate payout sum is $2.92.

    6. What do I need to do to obtain a portion of the compensation?

    If you wish to receive an award under the terms of this settlement, you should make sure that your current mailing address is on file with the Settlement Administrator. You should ensure that you will be covered by the summarized release in Section 7 immediately below. If you do not wish to have anything to do, you do not have to do anything.

    7. What privileges am I relinquishing?

    The benefits you will receive by doing nothing are:

    From January 31, 2015 to February 17, 2021, various expenses and lawyer’s fees, punitive damages, actual and compensatory damages, statutory damages, restitution, fair relief, restraining, declaratory, otherwise or deliberate, seq., And 17200, California Business and Professions Code, seq., And Consumer Investigative Act of California, and Consumer Reporting Act of California, and Consumer Reporting Agencies of California, including local and/or state laws, federal laws, related or 1681o) and 1681n § 1681b, U.S.C. 15, Fair Credit Reporting Act, for violations of claims other than those based on any type of consumer investigative reports or consumer investigative reports and/or consumer investigative reports, consumer investigations, checks, reference checks, background checks, limited to claims arising from the procurement of reports of any kind by the Released Party or any claims arising from the alleged facts or allegations made in the Action.

    8. What if I don’t want to participate?

    On March 5, 2023, ILYM Group, Inc., The Settlement Administrator, sent a letter indicating that participants who do not wish to participate in the settlement can exclude themselves by mailing and signing an “opt out” letter.

    Administrator of Settlementc/o ILYM Group, Inc.P.O. Box 2031Tustin, CA 92781Phone: (888) 250-6810oreillyclassactionsettlement.ComFax: (888) 845-6185.

    To be excluded from the Settlement, you must sign and send a document by March 5, 2023 that states your desire to be excluded. This document should include your name, address, and phone number. Make sure to address your request for exclusion to the Settlement Administrator at the indicated address.

    If you submit a valid and timely Exclusion Request, you will not be deemed a Participating Member of the Class FCRA and will not receive payment as part of this settlement. Any person who asserts separate claims against O’Reilly in this lawsuit will keep their rights and will not be bound by the release and settlement terms. However, if your Exclusion Request is postmarked after March 5, 2023, it will be rejected.

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    9. What happens if I have a disagreement?

    All supporting materials and written objections must be submitted to the Administrator’s Settlement no later than March 5, 2023. Any member of Class A may object to the settlement in person or in writing.

    Administrator of Settlementc/o ILYM Group, Inc.P.O. Box 2031Tustin, CA 92781Phone: (888) 250-6810oreillyclassactionsettlement.ComFax: (888) 845-6185.

    The designated location needs to be sent back to the Settlement Administrator by March 5, 2023, with a postmark or fax stamp; signed by you; stating the reasons for your disagreement; including a declaration; including your name, address, and phone number.

    You are not required to attend the final approval hearing for the FCRA Class Member, although you are welcome to attend. Further notice may be continued without any additional hearing approval. The final approval hearing will be held at 9:00 a.M. At the George E. Brown Jr. United States Courthouse, located at 3470 Twelfth Street, Riverside, CA 92501-3801. You may choose to personally appear at the hearing or have your attorney attend on your behalf at your own expense. Additionally, you have the option to make a direct objection to the final approval hearing, either in writing or verbally. Any class member may make an objection without serving or filing a written objection prior to or during the final approval hearing.

    Class Counsel:.

    Lawyer representing O’Reilly.

    Eric B. KingsleyAri J. StillerKINGSLEY & KINGSLEY, APC16133 Ventura Blvd., Suite 1200Encino, California 91436Telephone: (818) 990-8300Facsimile: (818) 990-2903.

    SHOOK, HARDY & BACON L.L.P.Jesus J. Torres2049 Century Park East, Suite 3000Los Angeles, California 90067Telephone: 424.285.8330Facsimile: 424.204.9093.

    William C. MartucciKristen A. Page2555 Grand Blvd.Kansas City, Missouri 64108Phone: 816.474.6550Fax: 816.421.5547.

    10. Is it necessary for me to hire a legal representative?

    You have the option to hire your own lawyer, but you will be responsible for the costs. Class Counsel is representing you, so there is no need for you to hire your own attorney.

    11. What occurs subsequently in the case?

    You are not required to attend this hearing. The hearing can proceed without any further notice to you. The Court will also seek approval for the costs of administering claims, the Plaintiff’s Service Awards, and Class Counsel’s request for attorneys’ fees and costs. The Court will decide whether the settlement should be finally approved as fair, reasonable, and satisfactory and will hold a hearing on March 6, 2023, at 9:00 a.M. At George E. Brown, Jr. Federal Building and United States Courthouse, 3470 Twelfth Street Riverside, CA 92501-3801 Courtroom 1, to consider any objections. The Settlement has only received preliminary approval.

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