MARTIN MARTINEZ SOTO v. O’REILLY AUTO ENTERPRISES, LLC; Case No. 5:20-cv-00214-JGB-KK MARTIN MARTINEZ SOTO v. O’REILLY AUTO ENTERPRISES, LLC
Case No. 5:20-cv-00214-JGB-KK
If you are or were an employee of O’Reilly Auto Enterprises, LLC (“O’Reilly” or “Defendant”) between January 31, 2015 to February 17, 2021, a class action lawsuit may affect your rights, and you may be entitled to benefits under the proposed settlement, as described below.
You are not being sued. A court authorized this notice. This is not a solicitation from a lawyer.
PLEASE READ THIS NOTICE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS.
DO NOTHING | By doing nothing, you will receive a share of the settlement proceeds, and you will give up any rights to sue for claims arising out of the allegations made in the Action, or that could have arisen based on the facts alleged in the Action, including, but not limited to, claims that O’Reilly failed to make proper disclosures prior to procuring consumer reports in violation of the Fair Credit Reporting Act (“FCRA”) 15 U.S.C. § 1681b(b)(2)(A)(i), and failed to obtain valid authorizations before procuring consumer reports in violation of the FCRA 15 U.S.C. §§ 1681b(b)(2)(A)(ii). |
ASK TO BE EXCLUDED | Exclude yourself from this lawsuit. Keep your rights to file a separate claim against O’Reilly.
If you ask to be excluded, you will not receive a share of the settlement proceeds, but you keep any rights you may have to bring your own claims against O’Reilly for the same legal claims in this lawsuit. |
OBJECT | Object to the terms of this Settlement. |
Your options are explained in this notice.
To opt out or object, you must act by March 5, 2023.
1. Why did I get this notice?
A proposed settlement has been reached in a class action lawsuit that was brought on behalf of Defendant’s employees. You have received this notice because O’Reilly’s records indicate that you are a member of this class.
2. What is this lawsuit about?
This lawsuit was filed on January 31, 2020 on behalf of employees in the United States who completed O’Reilly Auto Enterprises, LLC’s disclosure, authorization, and digital signature forms in its job application and for whom a consumer report was procured from January 31, 2015 to February 17, 2021. The operative complaint alleges class-wide causes of action against O’Reilly for failure to make proper disclosures that a consumer report may be obtained, in violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681b(b)(2)(A)(i), and failure to obtain valid authorizations before procuring consumer reports in violation of the FCRA, 15 U.S.C. §§ 1681b(b)(2)(A)(ii).
3. Has the Court decided who is right?
No. The Court has not made a decision regarding the merits of Plaintiff’s allegations or O’Reilly’s defenses.
4. Why did this case settle?
The Parties reached a settlement in order to avoid the risk, inconvenience and expense of further litigation. Plaintiff and his attorneys believe the proposed settlement is fair, adequate and in the best interest of the class members to whom it applies given the outcome of their investigation, the consumption of time and resources required in connection with further litigation, and the uncertainty in the law governing some of the claims presented. Although O’Reilly disputes Plaintiff’s claims and asserts that it has complied with all of its legal obligations toward its employees, it has also concluded that further litigation would be protracted and expensive, and would also divert management and employee time.
5. What are the terms of the settlement and how much will I receive?
The Maximum Settlement Amount is $950,000.00. Under the proposed settlement, the following amounts will be deducted before any payments are made to employees, subject to final approval by the Court:
Attorneys’ Fees: | $237,500.00 |
Litigation Costs: | Up to $12,500.00 |
Claims Administration Costs: | $197,455.64 |
Service Award to Named Plaintiff: | $7,500.00 |
After these deductions, $495,044.36 will be available for payment to the FCRA Class Members receiving this notice (“Net Settlement Amount”).
Each Participating FCRA Class Member will receive an equal amount of the Net Settlement Amount. In other words, the Net Settlement Amount will be divided by the number of Participating FCRA Class Members, and that amount will be each individual’s share.
All Class Member Settlement Payments will be allocated as 100% statutory damages for tax purposes.
Your estimated settlement amount is $2.92.
6. What do I have to do to receive a share of the settlement?
If you wish to receive an award under the terms of this settlement, you do not have to do anything. However, you should make sure that your current mailing address is on file with the Settlement Administrator in order to ensure you receive your settlement check. You will be covered by the release summarized in Section 7, immediately below.
7. What rights am I giving up?
The claims you will Release by doing nothing are:
Any and all claims arising out of the allegations made in the operative complaint on file in the Action, or that could have arisen based on the facts alleged in the Action, including, but not limited to, claims arising from the procurement of background checks, reference checks, investigations, and/or consumer reports or investigative consumer reports of any kind on them by any of the Released Parties, and any other claims for violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681b, et seq., (including 15 U.S.C. § 1681n and 1681o) or related federal, state, and/or local laws, including the California Consumer Reporting Agencies Act, the California Investigative Consumer Reporting Agencies Act, and California Business and Professions Code § 17200, et seq., whether willful or otherwise, for declaratory, injunctive and equitable relief or restitution, statutory damages, actual and compensatory damages, punitive damages, and costs and attorney’s fees, from January 31, 2015 to February 17, 2021.
8. What if I do not wish to be involved?
Anyone not wishing to participate in the settlement may exclude himself or herself (“opt out”) by completing, signing, and mailing a letter indicating that they do not want to participate in the settlement to the Settlement Administrator, ILYM Group, Inc., by March 5, 2023.
Settlement Administrator
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Telephone: (888) 250-6810
oreillyclassactionsettlement.com
Facsimile: (888) 845-6185
Any request for exclusion (1) must contain your name, address, and telephone number; (2) must contain a statement expressing that you want to be excluded from the Settlement; (3) must be signed by you; and (4) must be postmarked by March 5, 2023 and returned to the Settlement Administrator at the specified address above.
If your Request for Exclusion is postmarked after March 5, 2023, it will be rejected, and you will be a Participating FCRA Class Member and be bound by the settlement terms and release. Anyone who submits a timely and valid Request for Exclusion shall not be deemed a Participating FCRA Class Member and will not receive any payment as part of this settlement. Such persons will keep any rights to assert claims against O’Reilly separately for the claims made in this lawsuit.
9. What if I have an objection?
A class member may object to the settlement in writing or in person. Written objections and all supporting briefs or other materials must be submitted to the Settlement Administrator no later than March 5, 2023.
Settlement Administrator
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Telephone: (888) 250-6810
oreillyclassactionsettlement.com
Facsimile: (888) 845-6185
Any written objection must (1) contain your name, address, and telephone number; (2) contain a statement expressing the grounds for your objection; (3) must be signed by you; and (4) must be postmarked or fax stamped by March 5, 2023 and returned to the Settlement Administrator at the specified address.
Any class member may make an objection at the Final Approval Hearing with or without filing or serving any written objection. The Class Member may appear personally or through an attorney, at his or her own expense, at the Final Approval hearing to present his or her objection directly to the Court. The Final Approval Hearing on the fairness, reasonableness, and adequacy of the Settlement will be held at 9:00 a.m. on March 6, 2023, at George E. Brown, Jr. Federal Building and United States Courthouse, 3470 Twelfth Street Riverside, CA 92501-3801 Courtroom 1. The hearing may be continued without further notice. You are not required to attend the Final Approval Hearing, although any FCRA Class Member is welcome to attend.
Class Counsel: | Counsel for O’Reilly |
Eric B. Kingsley | SHOOK, HARDY & BACON L.L.P. William C. Martucci |
10. Do I need a lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you are free to hire one at your own expense.
11. What happens next in the case?
The Settlement has only been preliminarily approved. The Court will hold a hearing at 9:00 a.m. on March 6, 2023, at George E. Brown, Jr. Federal Building and United States Courthouse, 3470 Twelfth Street Riverside, CA 92501-3801 Courtroom 1, to consider any objections and determine whether the settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve Class Counsel’s request for attorneys’ fees and costs, Plaintiff’s Service Awards, and the costs of claims administration. The hearing may be continued without further notice to you. It is not necessary for you to appear at this hearing.
12. How can I receive more information?
This notice is a summary of the basic terms of the settlement. For further information, you may also telephone the O’Reilly Settlement Administrator, ILYM Group, Inc. (listed above) or visit oreillyclassactionsettlement.com.
Please do not telephone the Court, the Office of the Clerk, or O’Reilly’s counsel for information regarding this settlement.