JOE MARTINEZ v. EMPLOYMENT BACKGROUND INVESTIGATIONS, LLC

Civil Action No. 1:22-cv-3143 in the United States District Court for the District of Maryland, Northern Division

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Consumers About Whom Employment Background Investigations LLC
Issue Consumer Reports

Could Get Money from a Class Action Settlement

A federal court authorized this notice. This is not a solicitation from a lawyer. You are not being sued.

  • There has been a class action lawsuit filed against Employment Background Investigations, LLC (“EBI”). The lawsuit claims that EBI’s reports contained criminal history that required EBI to send notice to consumers who were the subjects of those reports, and EBI did not do so. EBI denies it did anything wrong and denies any liability whatsoever. 
  • On July 11, 2024, the Court preliminary approved a settlement in which EBI agreed to make cash payments to certain individuals.  This notice is being provided to inform you about the proposed additional terms of the Settlement.
  • You may be eligible for a payment from the Settlement if EBI provided a report about you to an employer that contained criminal-history information. 
  • The Settlement will provide for a total of $611,600 to be distributed among eligible Class Members.  
  • AUTO PAY Group:  The Settlement will provide $157,200 to eligible Class Members.
  • Your legal rights are affected by the proposed Settlement even if you do nothing.
  • Your rights and options relating to the Settlement — and the deadlines to exercise them — are explained in this notice.  Please read this entire notice carefully.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Submit a Claim Form

Get a cash payment if you qualify. If EBI provided a report about you to an employer that contained criminal-history information, and you attest in a Claim Form that you did not receive a notice EBI was reporting such information, you will receive a pro rata portion of the Settlement Fund. If the Settlement is approved, you will give up any rights to sue EBI about the same legal claims in this Settlement (see Question 10). To file a Claim. The deadline to submit a Claim for is December 7, 2024.

Object to the Settlement

Write to the Court about why you do not like the proposed Settlement (see Question 16).  Objections are due on September 14, 2024.

Opt Out of the Claim Form Settlement Class

You may exclude yourself from the Claim Form Class.  If you do not want to remain a member of the Claim Form Settlement Class and want to keep any rights you may have as to EBI, you must take steps to exclude yourself.  This is sometimes referred to as “opting out” of the Settlement Class.  Opting out gives you the right to bring your own claim but does not guarantee that any such claim would be successful.

To exclude yourself from the Claim Form Class, you must send a written request for exclusion to the Settlement Administrator by September 14, 2024.

Go to a Hearing

Ask to speak in Court about the fairness of the proposed Settlement (see Questions 18-20).

Do Nothing

Not receive a payment from the Settlement Fund, but only release claims against EBI arising under the FCRA, 15 U.S.C. § 1681k, and state law equivalents.

AUTO PAY: Get a cash payment if you qualify. If EBI provided a report about you to an employer that contained criminal-history information and you later disputed that information to EBI, you will automatically receive a payment from the Settlement Fund, expected to be $400. If the Settlement is approved, you will give up any rights you may have as to EBI about the same legal claims in this Settlement (see Question 21).