Sanders, et al. v. Global Radar Acquisition, LLC, et al.
Sanders FCRA Settlement
Case No. 2:18-cv-00555

Frequently Asked Questions

 

Expand/Collapse All
  • A Court authorized the notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options before the Court decides whether to give "final approval" to the settlement. The notice explains the lawsuit, the settlement, and your legal rights.  Judge John E. Steele, of the United States District Court for the Middle District of Florida, is overseeing this class action. The case is known as Sanders v. Global Radar Acquisition, LLC, Case No. 2:18-cv-555-UA-UAM (the "Lawsuit").

    You are receiving a notice because you applied for work through A1 HR, Continuum, or Accesspoint and Defendant Global HR provided that potential employer a consumer report, commonly known as a background check, about you, making you eligible for a payment from the Settlement Fund.

  • What the Plaintiffs Claimed

    Shawana Sanders and Kenyatta Williams (the "Plaintiffs" or "Class Representatives") claim that the Defendant violated the Fair Credit Reporting Act, 15 U.S.C. §§ 1681a-x (the "FCRA") in connection with providing background checks to certain employers for those employers to use in their hiring processes. Specifically, the Plaintiffs contend that the Defendant violated the FCRA by providing certain reports without having first obtained certification from the employers that they would comply with certain sections of the FCRA in using those reports.

    How the Defendant Responded

    The Defendant has denied all claims in the Lawsuit and contends that it acted lawfully and in compliance with the FCRA at all times. The Defendant has multiple defenses to the claims in the Lawsuit.  Despite denying liability and wrongdoing, the Defendant has decided it is in its best interest to settle the Lawsuit to avoid the burden, expense, risk, and uncertainty of continuing the litigation.

  • In a class action lawsuit, one or more people called "Class Representatives" (in this case, Shawana Sanders and Kenyatta Williams) sue on behalf of other people who have similar claims. The group of people together is a "Class" or the "Class Members." The person who sued is called the Plaintiff, or Class Representative. The company sued (in this case, Global HR) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who chose to exclude themselves from the Class. Any judgment or settlement of the case resolves the claims for all people in the Class. The proposed Settlement in this case would fully and finally resolve, on the terms described below and in the Settlement Agreement, any claims you might have against the Defendant.

  • You are a member of the Settlement Class and are affected by the settlement if the Defendant provided a background report about you to one of three companies for those companies to use in their hiring processes.

    Specifically, for the purposes of settlement only, the Court has provisionally certified a "Settlement Class" defined as follows:

    All natural persons residing in the United States (including all territories and other political subdivisions of the United States) who were the subject of a consumer report furnished by Global HR Research for employment purposes to A1 HR, Continuum, or Accesspoint between July 11, 2013 and January 11, 2019

    If you fall within the foregoing Settlement Class definition, you will be a Settlement Class Member unless you excluded yourself from the Settlement Class.

  • The Defendant has agreed to pay $3,653,650 (the "Settlement Fund") for the benefit of the Settlement Class, which funds will be used to make the payments to Settlement Class Members described below, to pay Plaintiffs' attorneys' fees and litigation expenses, and perhaps to pay the costs of administering the Settlement.

    If the Court approves the Settlement, a check for your portion of the Settlement Fund (expected to be approximately $117.25) will be mailed to you automatically and without you having to do anything.

  • Nothing. The Settlement Administrator will mail you a check automatically within 35 days of the Court granting the Final Approval. The Administrator will mail that check to the address available in Global HR’s files. If you have relocated since the time of your application, please update the Administrator with your new address. You can contact the Administrator at the address below in FAQ 9 to let it know your address has changed.

    Update: The Court granted Final Approval of the Settlement Agreement at the Fairness Hearing, which occurred on November 12, 2019.

  • The Settlement Administrator will begin issuing checks from the Settlement Fund after the Court approves the Settlement. The Court held a hearing on November 12, 2019 at 9:00 AM to decide whether to approve the Settlement. The Court approved the Settlement, but there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year after Court approval.

    If there are no appeals, the Administrator will mail checks approximately 35 days after the Court grants final approval to the Settlement. Please keep a close eye on your mail.

    Update: The Court granted Final Approval of the Settlement Agreement at the Fairness Hearing, which occurred on November 12, 2019.

  • Unless you excluded yourself, you are staying in the Settlement Class, which means that you cannot be part of any other lawsuit against the Defendant (or other parties released by the Settlement) about the legal claims in this case and legal claims that could have been brought in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you did not exclude yourself from the Settlement Class, you have agreed to a “Release of Claims,” stated below, which describes exactly the legal claims that you give up if you get settlement benefits. Basically, you are releasing your right to individually sue for certain violations of federal or state law.

    The "Release" contained in the Settlement Agreement applies to:

    Global Radar Acquisition, LLC d/b/a Global HR Research, f/k/a Radar Post- Closing Holding Company, Inc., f/k/a Global HR Research, Inc. and its current and former parents, subsidiaries, affiliates, divisions, associates, agents, successors, assignors, assignees, and/or assigns and their respective subsidiaries, affiliates, divisions, associates, agents, successors, assignors, assignees and/or assigns, and each of their respective present, former or future officers, directors, shareholders, agents, control persons, advisors, employees, representatives, consultants, insurers and reinsurers, accountants, attorneys, and any representative of the above.

    Those "Released Claims" are:

    All class action and individual claims under 15 U.S.C. §§ 1681a–x (including against Defendant’s insurers). Plaintiffs and all Class Members release their right to bring a class action or individual action as well as actual, statutory and punitive damages and any other remedy based upon such Released Claims.

  • The deadline to exclude yourself from the settlement was October 18, 2019. The deadline to exclude has passed

    If you excluded yourself, you should promptly consult your own attorney about your rights as the time to file an individual lawsuit is limited.

     

  • Yes. You may need to retain your own attorney, and you will be required to file a complaint in the appropriate court within the time provided by applicable statutes of limitations and make the applicable evidentiary showing subject to the governing burdens of proof, before receiving any recovery with respect to your claim. The Defendant has not agreed to pay you any money if you pursue this route, and will be able to assert defenses to your claims. A judge or jury will decide whether you are in fact entitled to any actual damages.

  • No.

  • No. Unless you excluded yourself, you gave up the right to sue the Defendant and the Released Parties for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must have excluded yourself from this class action to continue your own lawsuit. Remember, your Exclusion Request must have been postmarked by October 18, 2019.

  • Yes. The Plaintiff retained (a) Marc Edelman of Morgan & Morgan, 201 N Franklin St, 7th Floor, Tampa, FL 33602; and (b) Craig C. Marchiando of Consumer Litigation Associates, P.C., 763 J. Clyde Morris Blvd 1A, Newport News, VA 23601, and the Court appointed them to represent you and the rest of the Settlement Class in connection with the preliminary approval of the settlement. Together, these attorneys are called “Class Counsel.” These lawyers will not separately charge you for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court for an award of attorneys' fees, which the Defendant has agreed to pay as part of the Settlement Fund, with Class Counsel requesting 33% of the Settlement Fund. However, the Court may ultimately award less than this amount. The requested 33% will also include Class Counsel’s costs and expenses incurred by them and by the Class Representatives in litigating this matter. The Defendant has paid for the costs of this notice to you and the costs of administering the settlement separately from the money paid into the Settlement Fund.

  • In addition to the monetary relief described above, Class Counsel will ask the Court to approve a payment to each of the Class Representatives of an amount not to exceed $5,000 as an award for their efforts and time expended in prosecuting the Lawsuit. However, the Court may ultimately award less than this amount. Any payment will be made from the Settlement Fund.

  • The deadline to object to the settlement was October 18, 2019. The deadline to object has passed.

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object to the Settlement because the case no longer affects you.

  • The Court held a Fairness Hearing November 12, 2019 at 9:00 A.M. in the courtroom of Judge John E. Steele, of the United States District Court for the Middle District of Florida, 2110 First Street, Fort Myers, Florida 33901. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court approved the Settlement Agreement. 
     

  • No the fairness hearing was on November 12, 2019 and has passed

  • 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 Sanders v. Global Radar Acquisition.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intent to Appear must be sent to the Clerk of Court, Class Counsel, and Defense Counsel at the three addresses previously provided in FAQ 16 and must have been received by October 18, 2019. The deadline for a Notice of Intent to Appear has passed. You cannot speak at the hearing if you have excluded yourself.

    Update: The Court granted Final Approval of the Settlement Agreement at the Fairness Hearing, which occurred on November 12, 2019.

  • If you have questions about the case, you can call toll free 1-833-216-4459 or write to:

    Sanders FCRA Settlement Administrator
    c/o JND Legal Administration
    PO Box 91205
    Seattle, WA 98111

For More Information

Visit this website often to get the most up-to-date information.

Mail

Sanders FCRA Settlement Administrator
c/o JND Legal Administration
PO Box 91205
Seattle, WA 98111