A Court authorized the Notice because you have a right to know about this class action lawsuit and about all of your options before the case is adjudicated on the merits. The Notice explains the lawsuit and your legal rights.
Judge R. Gary Klausner of the U.S. District Court for the Central District of California is overseeing this case (the “Lawsuit”). The Lawsuit is known as Edwardo Munoz v. 7-Eleven, Inc., Case No. 2:18-cv-03893-RGK-AGR. Mr. Munoz, the person who sued, is called the Plaintiff/Class Representative. The Defendant is 7-Eleven.Top
In a class action, one or more named plaintiffs called Class Representatives (in this case, Edwardo Munoz) sues on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Class.Top
This lawsuit alleges that 7-Eleven violated the Fair Credit Reporting Act, 15 U.S.C. § 1681b, et seq. (“FCRA”) by not using a “standalone” disclosure and authorization that notified applicants and employees that it might obtain background checks in regard to their employment. 7-Eleven denies that it violated any law and maintains that it could have asserted several defenses.
The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.Top
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation now rather than, if at all, years from now.Top
The Court in this case certified a class and subclass on October 18, 2018 (dkt. 43), defined as follows:
Disclosure Class: All persons in the United States who (1) from a date [two years] prior to the filing of this initial complaint in this action to the date notice is sent to the Disclosure Class; (2) applied for employment with Defendant; (3) about whom Defendant procured a consumer report; and (4) who were provided the same for FCRA disclosure and authorization as the disclosure and authorization form that Defendant provided to Plaintiff.
California Subclass: All members of the Disclosure Class who reside in California.Top
7-Eleven has agreed to fund a Settlement Fund of $1,972,500 U.S. dollars. The cost to send notice to the class and administer the Settlement, as well as attorneys’ fees and payments to the Class Representatives, will come out of this amount (see Question 13). The amount remaining after deducting these costs (the “Net Settlement Fund”) will be used to pay the claims of eligible Class Members who submit valid claims. Claimant Payment of equal value from the Net Settlement Fund.
If you have any questions, you can talk to Class Counsel listed in Question 8 for free or you can, of course, talk to your own lawyer if you have questions about what this means.Top
If you are a member of the Class and the Court gives final approval to the Settlement, you may be entitled to receive a check for an amount equal to the value of One (1) Claimant Payment. The amount of your exact payment cannot be calculated at this time. Your payment will depend on the total number of valid claims that are filed, the cost of the Notice, and any incentive award to the Class Representative and award of attorneys’ fees to Class Counsel. The Class is estimated to include approximately 59,920 persons.Top
You should receive a check from the Settlement Administrator within 60-90 days after the Settlement has been finally approved and/or after any appeals have been resolved in favor of the Settlement. The hearing to consider the final fairness of the Settlement is scheduled for November 4, 2019. All checks will expire and become void 90 days after they are issued.Top
If you are a Class Member and you want to participate in the Settlement, you must complete and submit a Claim Form, under penalty of perjury, by September 23, 2019. The Claim Form is included with this notice and can be found by calling, toll-free, 1-866-367-8384 or by contacting Class Counsel at 1-720-213-0676. The Claim Form can be submitted online at the Settlement Website or downloaded and submitted by mail. There is only one claim allowed per class member.Top
If the Settlement becomes final, you will give up your right to sue 7-Eleven for the claims being resolved by this Settlement. The specific claims you are giving up against 7-Eleven are described in Section 1.36 of the Settlement Agreement. You will be “releasing” the Defendant and all related people as described in Section 1.37 of the Settlement Agreement. Unless you exclude yourself (see Questions 14 & 15), you are “releasing” the claims, regardless of whether you submit a Claim Form or not. The Settlement Agreement is available at www.7ElevenFCRALawsuit.com.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to Class Counsel listed in Questions 12 and 17 for free or you can, of course, talk to your own lawyer if you have questions about what this means.Top
If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.Top
The Court has appointed Steven L. Woodrow, Patrick H. Peluso, and Taylor T. Smith of Woodrow & Peluso, LLC, to be the attorneys representing the Settlement Class. They are called “Class Counsel.” Class Counsel believes, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Class and Subclass. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense. You may also enter an appearance though an attorney if you so desire.Top
The Settlement Agreement allows Class Counsel to submit a petition for reasonable attorneys’ fees of up to one-third of the Settlement Fund as fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement in this matter. Class Counsel may seek, and the Court may award, less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.
Subject to approval by the Court, Defendant has agreed to pay an incentive award to the Class Representative from the Settlement Fund for his service in helping to litigate and settle this case.Top
To exclude yourself from the Settlement, you must send a letter (or request for exclusion) by mail stating that you want to be excluded from Edwardo Munoz v. 7-Eleven, Inc. Case No. 2:18-cv-03893-RGK-AGR. Your letter or request for exclusion must also include your name, your address, your telephone number, and your signature. You must mail your exclusion request so that it is postmarked no later than October 4, 2019 to:
Edwardo Munoz v. 7-Eleven, Inc. Class Administrator
Case No. 2:18-cv-03893-RGK-AGR
P.O. Box 43501
Providence, RI 02940-3501
The Court will exclude from the Class or Subclass any Class or Subclass Member who timely requests exclusion from the Class or Subclass.Top
No. Unless you exclude yourself, you give up any right to sue 7-Eleven for the claims being resolved by this Settlement.Top
No. If you exclude yourself, do not submit a Claim Form to ask for benefits.Top
If you’re a Class or Subclass 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 stating that you object to the Settlement in Edwardo Munoz v. 7-Eleven, Inc. Case No. 2:18-cv-03893-RGK-AGR, identify all your reasons for your objections (including citations and supporting evidence), and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, and your signature.
Class Counsel will file with the Court and post on the Settlement Website, under the “Important Documents” tab, its request for attorneys’ fees two weeks prior to the objection deadline.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 21), you must say so in your letter or brief. Mail the objection to these three places postmarked no later than October 4, 2019:
The Honorable R. Gary Klausner
c/o Clerk of the Court
Roybal Federal Building and U.S. Courthouse
255 East Temple Street
Los Angeles, CA 90012
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Ste. 300
Denver, CO 80210
Julie R. Trotter
CALL & JENSEN
610 Newport Center Drive Ste. 700
Newport Beach, CA 92660
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class 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.Top
The Court will hold the Fairness Hearing at 9:00 a.m. on November 4, 2019 at the Roybal Federal Building and U.S. Courthouse, Courtroom 850, 8th Floor, 255 East Temple Street, Los Angeles, California 90012. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel’s request for an award of attorneys’ fees and expenses; and to consider the request for an incentive award to Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check with Class Counsel by calling 1-720-213-0676. If, however, you timely object to the Settlement and advise the Court that you intend to appear and speak at the Fairness Hearing, you will receive notice of any change in the date of such Fairness Hearing.Top
No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection or comment, 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 another lawyer to attend, but it’s not required.Top
Yes. 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 Intent to Appear in Edwardo Munoz v. 7-Eleven Case No. 2:18-cv-03893-RGK-AGR” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your Notice of Intent to Appear must be postmarked no later than October 4, 2019 and be sent to the addresses listed in Question 17. You must also state in your objection that you plan on appearing at the hearing.Top
This Notice summarizes the Settlement. More details are available in the full Settlement Agreement. You can get a copy of the Settlement Agreement by writing the Settlement Administrator at Edwardo Munoz v. 7-Eleven, Inc. Class Administrator, P.O. Box 43501, Providence, RI 02940-3501 or by visiting www.7ElevenFCRALawsuit.com. You can call the Settlement Administrator at 1-866-367-8384 or Class Counsel at 1-720-213-0676 if you have any questions. Before doing so, however, please read this full Notice carefully.Top