JUAN LOPEZ v. OLDCASTLE APG, INC. Settlement

Case No. 2023-CA-213 in the Circuit Court of the Twentieth Judicial Circuit - Glades County, Florida

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NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING

This notice relates to a proposed settlement in a class action lawsuit which alleges that Defendant Oldcastle APG, Inc., violated the Fair Credit Reporting Act (“FCRA”). Plaintiff Juan Lopez (“Plaintiff”) alleged that Defendant violated the FCRA by inserting extraneous information into forms authorizing the procurement and use of consumer report information in background checks for employment purposes, and by obtaining consumer reports without the proper authorization. Defendant denies that it violated the law in any way whatsoever.  The two sides disagree as to whether Defendant’s conduct was permitted under the FCRA, whether Defendant would be liable under the FCRA with respect to that conduct and, if so, the extent of any such liability.  The parties have, however, agreed to resolve the lawsuit through a Court-supervised settlement.

•    Membership in the settlement class will be determined based upon Defendant’s records.

•    You are receiving this notice because Defendant’s records indicate that you are a Class Member, so you are eligible to participate in this class action settlement.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

How to Get Paid from the Settlement:

You do not need to do anything to receive your payment. Upon final approval of the settlement you will be mailed a check for approximately $147.   

What happens if you do nothing:

If the Court approves the settlement and you do nothing, you will be mailed a check for approximately $147 and you will be releasing your claims. The Full Release and Released Parties are available in the Important Court Documents section.

How to ask that you be excluded:

You have the right to exclude yourself from the settlement completely (“opt out”). You can opt out by following the instructions on the Settlement website. You will not receive any monetary payments from the Settlement. You will not have any right to object, but you will not be bound by the terms of this Settlement and will retain your right to file your own lawsuit. The opt out deadline is March 10, 2025.

Object by March 10, 2025:

You may write to the Court about why you don’t like the settlement. You cannot object if you opt out.

Go to a Hearing on April 7, 2025

Ask to speak in Court about the fairness of the settlement.

•    Your rights and options—and the deadlines to exercise them—are explained in this Notice; The Court still has to decide whether to approve this settlement, which may take some time.