Hillson, et al. v. Kelly Services, Inc.
Case No. 2:15-cv-10803-LJM-APP
A federal court authorized this Notice. This is not a solicitation from a lawyer.
- This is a Court authorized notice of a proposed settlement in a class action lawsuit.
- The lawsuit is about background checks that Kelly Services, Inc. (“Kelly”) ran on applicants and employees.
- If you return a Claim Form, you are estimated to receive $90 or $272, as explained in paragraph 6 below. You must return a Claim Form in order to receive money.
- You can also request a free copy of any background reports on you that Kelly procured. You can call 1-888-221-9824 to request a copy or go to www.hillsonfcrasettlement.com.
- Your rights and options - and the deadlines to exercise them - are explained in this Notice
This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, you may view the Settlement Agreement at www.hillsonfcrasettlement.com. You may also contact the Settlement Administrator at 1-888-221-9824, access the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at www.mied.uscourts.gov, or visit the office of the Clerk of the Court for the Eastern District of Michigan, 231 W Lafayette Blvd, Detroit, MI 48226, between 8:30 AM and 4:30 PM, Monday-Friday, excluding Court holidays.
|SUBMIT A CLAIM FORM BY APRIL 25, 2017||If you wish to receive benefits under the Settlement, you need to return a Claim Form. You should have received a Claim Form in the mail. You may also go to www.hillsonfcrasettlement.com to complete a Claim Form.|
|REQUEST YOUR BACKGROUND REPORT||As a part of the Settlement, Class Counsel and Kelly will help you get a copy of the background report Kelly obtained about you. You can call 1-888-221-9824 to request a copy or you can go to www.hillsonfcrasettlement.com.|
|EXCLUDE YOURSELF BY APRIL 10, 2017||This is the only option that allows you to be part of any other lawsuit or legal action against Kelly about the matters being resolved in this Settlement. However, you will not receive payment in this Settlement.|
|OBJECT BY APRIL 10, 2017||Write to the Court about why you object to the Settlement.|
|GO TO A HEARING ON AUGUST 2, 2017||Ask to speak in Court about the fairness of the Settlement.|
|DO NOTHING||If you do not return the Claim Form, you will receive no monetary recovery and will lose your right to sue Kelly over related matters in the future.|
TABLE OF CONTENTS (click each section to expand and read more)
All persons on whom Kelly procured a consumer report pursuant to the Fair Credit Reporting Act during the period from July 18, 2012 through January 23, 2014, and whose initial hire date at Kelly was during the period of time when Kelly was providing new applicants with a disclosure form that contained a liability release.If you are unsure of whether you are in the Settlement Class, you can contact the Settlement Administrator at 1-888-221-9824.
Composition of the Settlement Class is based upon Kelly’s records and investigation.
This Notice has been posted because members of the Settlement Class have a right to know about a proposed settlement of a class action lawsuit in which they are class members, and about all of their options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections or appeals relating to that Settlement are resolved, the benefits provided for by the Settlement will be available to members of the Settlement Class.
This Notice explains the Litigation, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. A full copy of the Settlement Agreement may be reviewed at the Settlement Website: www.hillsonfcrasettlement.com. This Notice contains only a summary of the Settlement Agreement.
The Court in charge of this case is the United States District Court for the Eastern District of Michigan, and the case is known as Hillson v. Kelly Services, Inc., Case No. 2:15-cv-10803-LJM-APP (the “Litigation”). The persons who filed this Litigation are called the Named Plaintiffs, and Kelly is the Defendant.
Kelly disputes the Named Plaintiffs’ allegations and denies all liability to Named Plaintiffs and the Settlement Class. Kelly denies Named Plaintiffs’ allegations and has raised a number of defenses to the claims asserted.
The Parties are settling the Litigation to avoid the risk and expense of further litigation. No court has found Kelly to have violated the law in any way. No court has found that the Named Plaintiffs could recover any certain amount in this Litigation.
Although the Court has authorized notice to be given of the proposed Settlement, this Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the Litigation.
Lawyers who represent people who file class actions are called “class counsel.” To date, the lawyers who brought this case (“Class Counsel”) have not been paid any money for their work and have paid all their expenses out of pocket. They will only be paid if they win the Litigation or if the Court approves the Settlement.
Class Counsel investigated the facts and applicable law regarding the Named Plaintiffs’ claims and Kelly’s defenses. The Parties engaged in lengthy and arms-length negotiations to reach this Settlement. Named Plaintiffs and Class Counsel believe that the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class.
Both sides agree that, by settling, Kelly is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.
WHO IS IN THE SETTLEMENT?
First, Kelly has agreed not to include a liability release on its Fair Credit Reporting Act disclosure form for a period of five (5) years. Kelly has also agreed to designate a dedicated “Consumer Reports Information Operator” who will be responsible for timely responding to requests for copies of consumer reports that Kelly has procured or caused to be procured on an individual.
Also as a non-monetary benefit, if you are a Settlement Class member you are entitled to receive a free copy of any consumer report procured by Kelly. At www.hillsonfcrasettlement.com, you will see a link to click on to submit a request for a copy. You may also call 1-888-221-9824 to request a copy.
Second, Kelly will provide a settlement fund of $6,749,000. This money will be divided among the approximately 221,216 Settlement Class Members, and will also be used to pay for any Court-approved attorneys’ fees, Class Representative awards, and administration costs.
The exact amount each Settlement Class Member will receive will depend on the amount of fees, awards and costs, as well as the number of Claim Forms returned. Further, if Kelly’s records indicate that a Settlement Class Member was “Adjudicated Ineligible,” meaning that the background check Kelly obtained on the Settlement Class Member was designated as anything other than “favorable,” that Settlement Class Member is able to receive an increased settlement amount compared to Settlement Class Members whose background check results were favorable. Although the exact amount will vary depending on the amount of attorneys’ fees, Class Representative awards, administration costs, and the number of Claim Forms submitted, it is expected that Settlement Class Members who were Adjudicated Ineligible will receive $272 and Settlement Class Members who were not will receive $90.
The Postcard Notice you received would have indicated if you were shown to be Adjudicated Ineligible in Kelly’s records. If the Postcard Notice you received said you were not Adjudicated Ineligible, and that is incorrect, you have the opportunity to submit documentation to that effect to potentially receive an increased settlement amount. You must send a letter to the Settlement Administrator via mail to PO Box 4234, Portland, OR 97208, that states that you certify you were terminated, or not hired/placed with Kelly or one or more of Kelly’s customers and had an unfavorable background check. You must include the basis of your knowledge and submit any supporting documentation you have. This letter and documentation must be submitted by April 25, 2017, and you still must also return a valid Claim Form. Kelly will be able to challenge your certification. You will be notified should that be the case and given the opportunity to respond.
THE SETTLEMENT BENEFITS—WHAT YOU GET
If you received a Postcard Notice, Kelly’s records indicate you are a member of the Settlement Class. If you are not certain as to whether you are a member of the Settlement Class, you may contact the Settlement Administrator to find out. The Administrator can be reached at 1-888-221-9824. The question of class membership will be determined based on Kelly’s records.
Your interest as a member of the Settlement Class will be represented by the Named Plaintiffs and Class Counsel. You will be bound by any judgment arising from the Settlement. If the Settlement is approved, and you timely return the Claim Form, the Settlement Administrator will send you a check for any monies to which you are entitled under the Settlement.
If you change your address, you must mail a notification of your new address to the Settlement Administrator or submit a change of address online at www.hillsonfcrasettlement.com.
This release may affect your rights, and may carry obligations, in the future. To view the full terms of this release, which are contained in the Settlement Agreement, please visit www.hillsonfcrasettlement.com.
c/o Settlement Administrator
PO Box 4234
Portland, OR 97208
If the request is not postmarked on or before April 10, 2017, your request for exclusion will be invalid, and you will be bound by the terms of the Settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims which arise out of or relate in any way to the claims in the Litigation as specified in the release referenced in paragraph 9 above.
THE LAWYERS REPRESENTING YOU
Anna P. Prakash
Nichols Kaster, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
E. Michelle Drake
Berger & Montague, P.C.
43 SE Main Street, Suite 505
Minneapolis, MN 55414
Lyngklip & Associates
Consumer Law Center, PLC
24500 Northwestern Hwy, Ste 206
Southfield, MI 48075
You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.
In connection with this Settlement, Class Counsel intend to apply to the Court for an award of attorneys’ fees, in an amount not to exceed $2,249,666.67. That amount is equal to one-third of the settlement fund. They also intend to seek out-of-pocket litigation expenses incurred during the Litigation up to $50,000.00. The Court will evaluate whether this fee request is reasonable in light of Class Counsel’s skill and the risk they undertook in bringing the Litigation. The Court may award less.
The Court has appointed Named Plaintiffs LaSandra Hillson, Steven Bohler, and Ashley Schmidt as Class Representatives. Class Counsel also will seek compensation for the Named Plaintiffs in an amount not to exceed $2,500.00 each. This compensation is intended to compensate the Class Representatives for the time and effort they have put into bringing this Litigation on behalf of everyone in the Settlement Class.
The costs of settlement administration are expected to be approximately $358,000.00 but may vary depending on a variety of circumstances. If awarded by the Court, all of these amounts will be paid directly out of the settlement fund.
OBJECTING TO THE SETTLEMENT
You may object to the proposed Settlement in writing. You may also appear at the final approval hearing, either in person, or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney.
All written objections and supporting papers must (a) clearly identify the case name and number (Hillson v. Kelly Services, Inc., Case No. 2:15-cv-10803-LJM-APP); (b) contain the basis for and an explanation of the objection; (c) contain your name, address, telephone number, and email address (if you have one); (d) include a statement of whether you intend to appear at the final approval hearing, either with or without an attorney; (e) be submitted to the Court, either by mail to the Clerk of Court, United States District Court for the Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit, MI 48226, or by filing your objection in person at any location of the United States District Court for the Eastern District of Michigan, and (f) a copy mailed to the Settlement Administrator. Your objection must be filed and/or postmarked on or before April 10, 2017.
Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.
The Parties have agreed and it is a term of the Settlement that no payments will be made to any objector, or any objector’s counsel, for any reason, without district court approval. The Parties’ Agreement further requires the district court to approve any payments made in connection with an objector withdrawing or dismissing an appeal.
You will be represented at the final approval hearing by Class Counsel, unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the hearing.