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A Federal Court authorized this Notice. This is not a solicitation from a lawyer.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
MICHAEL ANDERSON, et al. v. SIGNIX, INC., et al.
Case No.: 3:08cv570
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, SETTLEMENT HEARING, AND RIGHT TO APPEAR
This is a proposed settlement with National Notary Association and Signix, Inc. This notice summarizes your rights. More information is available at the website, www.NationalNotary.org/settlement.htm or by calling (757) 930-3660.
What Is The Case About?
If you are a class member, your background check was requested by the National Notary Association and obtained by Signix, Inc. on behalf of National Notary Association, to make a decision about whether you could receive an Association certification. The suit alleges that Defendants violated the provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq. (the “FCRA”) by (1) procuring a consumer report or causing a consumer report to be procured for employment purposes with respect to the consumers without (i) first providing them with a clear and conspicuous disclosure in writing in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes; and (ii) obtaining the consumers’ proper written authorization to procure such consumer reports for the time period from May 22, 2007 to April 22, 2009 (the “Class”). The suit also alleges that Defendants violated the provisions of FCRA with respect to a small sub-class of these consumers by taking adverse action against these consumers based whole or in part on the consumer report during the time period October 6, 2006 to April 22, 2009 without (i) providing these consumers with a copy of their report and a description in writing of their FCRA rights and (ii) notifying these consumers that the consumer reporting agency that prepared the reports did not make the decision to take the adverse action and was unable to provide the consumers with the specific reasons why the adverse action was taken (the “Sub-Class”).
Why Did I Get This Notice Package?
According to the records of National Notary Association, you are a member of the [Class] [Sub-Class].
The Court sent you this Notice because you have a right to know about a proposed Settlement of a Class Action lawsuit, and about your options, before the Court decides whether to approve this Settlement. If the Court approves the Settlement and after objections and appeals are resolved, National Notary Association will distribute the benefits the Settlement allows.
Who Are The Class Members?
Who is a Class Member? For the period from May 22, 2007 through April 22, 2009, all notaries who applied to National Notary Association for certification and were entitled to Defendants (i) providing them with a clear and conspicuous disclosure in writing in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes; and (ii) obtaining the consumers’ proper written authorization to procure such consumer reports are Class Members.
Who is a Sub-Class Member? For the period from October 6, 2006 to April 22, 2009, all Class Members against whom Defendants allegedly took adverse action without (i) providing these consumers with a copy of their report and a description in writing of their FCRA rights and (ii) notifying these consumers that the consumer reporting agency that prepared the reports did not make the decision to take the adverse action and was unable to provide the consumers with the specific reasons why the adverse action was taken are Sub-Class Members.
If you are not sure whether you are included in the Settlement, you can ask for free help. You can visit www.NationalNotary.org/settlement.htm, or call (757) 930-3660.
What Are the Settlement Benefits?
Each qualifying Class Member (except Sub-Class Members) is entitled to $52.00. This $52.00 payment shall be made in the form of a credit that may be used for goods or services available from National Notary Association website, including association dues, for up to one year. In lieu of this payment by credit, each qualifying Class Member (except Sub-Class Members) may request a $52.00 cash payment by completing the appropriate form attached hereto as Exhibit “1” within ninety (90) days of being sent this notice to:
Class Counsel
Leonard A. Bennett
Consumer Litigation Associates, PC, Suite 100
12515 Warwick Blvd.
Newport News, VA 23606
AndersonClass@clalegal.com
With a copy to:
Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California
90404
Qualifying Sub-Class Members are each entitled to a payment in the amount of $250.00 solely in cash funds.
How Can I Receive Benefits?
Each Class Member (except Sub-Class Members) will automatically receive the $52.00 payment by credit and each Sub-Class Member will receive a check in the amount of $250.00 without doing anything if the Court grants final approval to the Settlement. Your interests as a member of the Settlement Class will be represented by the Class Representative and Class Counsel without charge to you. You will be bound by any judgment approving or disapproving the Settlement.
When Will I Receive My Benefits?
The Court will hold a hearing on May 21, 2010 to decide whether to approve the Settlement. It will take time for the Court to make its decision and for the settlement to become final. There could be delays if there are any appeals to the Settlement. Please be patient. You can check the website page, www.NationalNotary.org/settlement.htm for updates on the case.
What Am I Giving Up To Stay in the Class and Receive Benefits?
Unless you exclude yourself, you cannot sue, or be part of any other action against National Notary Association or Signix, Inc. regarding the legal issues in this case involving the disclosure and the notice that was to proceed the adverse action. This means you will give up any right to sue National Notary Association and Signix, Inc. for any claims that you may have that are covered by the Settlement.
How Do I Get Out Of The Settlement?
If you exclude yourself from this Settlement you do not receive any of its benefits. To exclude yourself from the Settlement, you must send a letter by mail within ninety (90) days after being sent this notice saying that you want to be excluded from Michael Anderson, et al v. Signix, Inc., et al. Be sure to include your name, address, telephone number, and your signature. Also be sure to clearly identify your letter as a “Request for Exclusion from the FCRA Settlement Class.” You must mail your exclusion request postmarked no later than than 90 days from the date you were sent this notice, to:
Class Counsel
Leonard A. Bennett
Consumer Litigation Associates, PC, Suite 100
12515 Warwick Blvd.
Newport News, VA 23606
AndersonClass@clalegal.com
With a copy to:
Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California
90404
You cannot exclude yourself on the phone or by e-mail.
Unless you exclude yourself, you will remain a part of the Settlement Class and you give up the right to sue National Notary Association and Signix, Inc. for any claims covered by this Settlement.
Who Represents You?
The Court has appointed The Consumer & Employee Rights Law Firm, P.C. and Consumer Litigation Associates, PC of Newport News, Virginia to represent you as “Class Counsel.” You do not have to pay Class Counsel, or anyone else, to participate. You may hire your own attorney if you wish. However, you will be responsible for that attorney’s fees and expenses. Michael Anderson, Jeffrey Scott Davis, Lisa M. Davis, Janet Lynn Hall, Jon Jones, Ramona Rodriguez, Renardo Sarvis, Marie E. Smith, Mary Kay Steele, and Joe Zamora are Class Members like you, and have been appointed by the Court to be the “Class Representatives.”
Will The Lawyers And Class Representatives Be Paid?
Class Counsel will ask the Court for attorney’s fees and expenses of 25% of part of the settlement fund which is estimated to be approximately $900,000.00, which Defendants have agreed not to oppose, and National Notary Association will pay the reasonable fees and expenses incurred by Plaintiffs. National Notary Association will also pay the costs of notice and to administer the Settlement.
How Do I Object To The Settlement?
If you do not request exclusion from the Settlement Class, you can object to any aspect of the proposed Settlement, by filing and serving a written objection. You must sign your objection personally, and it must be filed and served on the Court, Class Counsel and Defense Counsel on or before ninety (90) days after being sent this notice. Moreover, your objection must contain a caption or title that identifies it as “Objection to Class Settlement in Michael Anderson, et al v. Signix, Inc., et al.” Your objection should also contain information sufficient to identify yourself, as well as a clear and concise statement of your objection, the facts supporting your objection, and the legal basis on which your objection is based.
If you intend to appear in person or through your own attorney at the final Settlement Hearing, you must file a written notice of appearance with the Clerk of Court no later than ninety (90) days after being sent this notice. Moreover, if an attorney will appear on your behalf your notice of appearance must identify your attorney’s name, address and telephone number.
You must mail your objections to all of these three different places postmarked no later than 90 days from the date you were sent this notice:
| COURT |
CLASS COUNSEL |
DEFENSE COUNSEL |
The Honorable Fernando Galindo,
Clerk
United States District Court for the Eastern District of Virginia, Richmond Division
701 East Broad St., Suite 3000
Richmond, VA 23219-3528 |
Leonard A. Bennett
Consumer Litigation Associates, PC
Suite 100
12515 Warwick Blvd.
Newport News, VA
23606
Christopher Colt North
The Consumer and Employee Rights Law Firm, P.C.
751-A Thimble Shoals Boulevard
Newport News, VA 23606 |
Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California 90404
Ryan A. Kurtz
Miller & Martin PLLC
1170 Peachtree St. NE, Suite 800
Atlanta, GA 30309-7649
Mark C. Shuford, Esq. and Matthew B. Chmiel, Esq.,
Kaufman & Canoles, P.C.,
1051 East Cary Street, 12th Floor,
Richmond, VA 23219 |
When And Where Will The Court Decide Whether To Approve The Settlement?
The Court will hold a final Settlement Hearing at 11 a.m., on May 21, 2010 in the United States District Court for the Eastern District of Virginia, Richmond Division, which is located at 701 East Broad Street, Richmond, Virginia 23219. At this hearing the Court will consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Williams will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.
You do not have to come to the hearing. Class Counsel will answer questions Judge Williams may have. But, you are welcome to come at your own expense. If you submit an objection, you do not 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 ask the Court for permission to speak at the final Settlement Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Michael Anderson, et al v. Signix, Inc., et al.” Be sure to include your name, address, telephone number and signature. Your Notice of Intention to Appear must be filed with the Clerk of Court no later than ninety (90) days after being sent this notice, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses listed above. You cannot speak at the hearing if you excluded yourself, nor may you speak at the hearing and object to the settlement unless you have previously filed an objection as set forth above.
Are There More Details About The Settlement?
This Notice summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can get a copy of the Stipulation of Settlement by visiting the website at www.NationalNotary.org/settlement.htm or by writing to Class Counsel, Leonard A. Bennett, Consumer Litigation Associates, PC, Suite 201, 12515 Warwick Blvd., Newport News, VA 23606 or Christopher C. North, The Consumer & Employee Rights Law Firm, P.C., 751-A Thimble Shoals Boulevard, Newport News, VA 23606
Stipulation of Settlement: http://www.NationalNotary.org/stipulation.pdf
Settlement Updates:
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