Lee & Campbell v. The Hertz Corp. & Dollar Thrifty Auto Grp., Inc.
Lee & Campbell v. Hertz Corp.
CGC-15-547520

Frequently Asked Questions

 

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  • The postcard notice that you received by mail indicates which Category of the Settlement Class you are a member of.  The longer 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 the Settlement are resolved, the benefits provided for by the Settlement will be available to Category 1 and Category 2 Settlement Class Members who do not opt out, and to Category 3 Settlement Class Members who return timely and valid Claim Forms and who do not opt out.

    The Settlement Class is defined as:  all persons who applied for employment with the Hertz Corporation or Dollar Thrifty Automotive Group, Inc. in the United States at any time from August 21, 2013 to September 8, 2016, and who are members of Category 1, 2 and/or 3 as set forth below:

    Category 1.  All individuals who, at any time from August 21, 2013 to September 8, 2016, had a conditional offer of employment withdrawn by Defendants.

    Category 2.  All individuals who, at any time from August 21, 2013 to December 31, 2014, received conditional offers of employment from Defendants requiring a background check be run on the individuals, OR, who, at any time from January 1, 2015 to December 31, 2015, received conditional offers of employment as Transporters from Defendants.

    Category 3.  All individuals who, at any time from January 1, 2015 to September 8, 2016, received conditional offers of employment from Defendants.

    Composition of the Settlement Class and Categories is based upon Hertz’s records.

    The Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for a payment, and how to get a payment.  A full copy of the Settlement Agreement may be reviewed on the Important Documents page. This website contains only a summary of the Settlement Agreement.

    The Court in charge of this case is the Superior Court of California, County of San Francisco, and the case is known as Lee & Campbell v. The Hertz Corp. & Dollar Thrifty Auto. Grp., Inc., Case No. CGC-15-547520.  The persons who filed this lawsuit are called the Plaintiffs, and The Hertz Corporation and Dollar Thrifty Automotive Group, Inc. (collectively referred to as “Hertz” in the Notice) are the Defendants.

  • Plaintiffs allege that Hertz violated the Fair Credit Reporting Act (“FCRA”) in two ways. First, Plaintiffs allege that Hertz failed to provide proper legally required disclosures to individuals before obtaining background checks on them for employment purposes.  Second, Plaintiffs allege that Hertz failed to provide individuals with a copy of their background checks and a notice of their rights before allegedly taking adverse employment action against them.

    Hertz disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Settlement Class.  In the lawsuit, Hertz has denied Plaintiffs’ allegations and has raised a number of defenses to the claims asserted.

    No court has found Hertz to have violated the law in any way.  No court has found that the Plaintiffs could recover any certain amount in this litigation.

    Although the Court has authorized Notice of the proposed Settlement to be given, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit.

  • Class actions are lawsuits in which the claims and rights of many people are decided in a single proceeding.  In a class action, representative plaintiffs (“class representatives”) seek to assert claims on behalf of all members of a class of similarly situated people. In a class action, people with similar claims are treated alike.  The court is guardian of the class’s interests and supervises the prosecution of the class claims by counsel for the class to assure that the representation is adequate.  Class members are not individually responsible for the costs or fees of counsel, which are subject to court award.

  • The Court did not decide this case in favor of Plaintiffs or in favor of Hertz.  Instead, Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims against Hertz, and Hertz’s defenses.  The parties engaged in lengthy and arms-length negotiations to reach this Settlement.  Plaintiffs and Counsel for the Settlement Class believe that the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Class.

    Both sides agree that, by settling, Hertz is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

  • You are a part of the Settlement if you meet the definition of the Settlement Class:

    All persons who applied for employment with The Hertz Corporation or Dollar Thrifty Automotive Group, Inc., in the United States, at any time from August 21, 2013 to September 8, 2016, and who are members of Category 1, 2, and/or 3 as set forth below:

    Category 1.  All individuals who, at any time from August 21, 2013 to September 8, 2016, had a conditional offer of employment withdrawn by Defendants.

    Category 2.  All individuals who, at any time from August 21, 2013 to December 31, 2014, received conditional offers of employment from Defendants requiring a background check be run on the individuals, OR, who, at any time from January 1, 2015 to December 31, 2015, received conditional offers of employment as Transporters from Defendants.

    Category 3.  All individuals who, at any time from January 1, 2015 to September 8, 2016, received conditional offers of employment from Defendants.

    If you meet the definition of Category 1 or 2, you will be eligible to receive a payment without submitting a claim form.  If you meet the definition of Category 3, you must return a claim form to receive a payment.  All Settlement Class Members will be bound to the same releases contained in the Settlement Agreement unless they opt out.

    If you received a postcard notice in the mail, Hertz’s records indicate you are a member of the Settlement Class. Your postcard notice indicates what Category you are a member of. If you are not certain as to whether you are a member of the Settlement Class, or which Category you are a member of, you may contact the Settlement Administrator to find out. In all cases, the question of class membership will be determined based on Hertz’s records.

  • If you are a member of the Settlement Class, you may receive a payment under the Settlement.

    Through this Settlement, Defendants will pay $1,619,000 into a Settlement Fund to be distributed to members of the Class.  The amount distributed to any individual claimant will depend on the number of participating Class Members, which Category the individual is a member of, as well as the amount of attorneys’ fees and costs awarded by the Court, Class Representative service awards, and the payment to the Settlement Administrator.

    Each Category 1 Settlement Class Member will receive a payment that is two times the amount that each Category 2 and Category 3 participating Class Member receives. Members of Category 1 and 2 do not need to do anything to receive a check. Members of Category 3 must return a Claim Form to receive a payment.

    Class Members will have ninety days to cash their settlement checks. If any of the Settlement Fund is left over after the check cashing deadline, and after all attorneys’ fees, expenses and administrative costs have been paid, such left over amounts will be distributed to the parties’ designated charitable organization, the Southern Center for Human Rights and Public Justice.

    The exact amount you will receive will vary depending on the amount of attorneys’ fees, Class Representative service awards and administration costs, as well as the number of Settlement Class Members participating in the Settlement.

    The parties estimate that Category 1 Settlement Class Members who do not opt out will receive approximately $100.69, and that Category 2 Settlement Class Members who do not opt out and Category 3 Settlement Class Members who return timely and valid Claim Forms will receive approximately $50.35.  These amounts are estimates only and the actual amounts paid will depend on the other factors outlined above.

  • In order to qualify and receive a payment, Category 3 Settlement Class Members must have either submitted the Claim Form attached to their postcard notice via mail, or completed a Claim Form online, by July 15, 2019.  Claim Forms had to be submitted or postmarked by July 15, 2019.  The deadline for submitting a Claim Form has passed. Category 1 and 2 Settlement Class Members did not need to do anything to receive a payment.

    If the Settlement is approved, and you did not opt out (Category 1 and 2) or you timely returned the Claim Form and did not opt out (for Category 3), the Settlement Administrator will send you any payment that you are entitled to under the Settlement.

    If you change your name or mailing address before you receive your payment, please email the Settlement Administrator via the Contact Us page, or update your address via mail, to ensure that you receive your payment.

  • The Court held a Final Fairness Hearing at 1:30 pm on August 16, 2019 in the Superior Court of California, County of San Francisco, Department 305, 400 McAllister Street, San Francisco, CA 94102, to decide whether to approve the Settlement.  The hearing was continued to 9:30 am on August 30, 2019.  If the Settlement is approved, there may be appeals.  Payments to members of the Settlement Class will be made only if the Settlement is finally approved.  This may take some time, so please be patient.

  • You will be bound by any judgment arising from the Settlement. Upon the Court’s approval of the Settlement, all members of the Settlement Class who do not exclude themselves (as well as respective executors, representatives, heirs, successors, trustees, guardians, agents, and all those who claim through them or who assert claims on their behalf) will fully release The Hertz Corporation and Dollar Thrifty Automotive Group, Inc. (and its affiliates, subsidiaries, employees, and others who may be subject to claims with respect to Hertz as further specified in the Settlement Agreement) from any claims that were or could have been asserted in the Complaint, including, but not limited to, claims arising under the FCRA and equivalent provisions under state and local law. This release of claims explicitly includes claims for actual damages, statutory damages, and punitive damages, as well as for attorneys’ fees and costs. 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 the Important Documents page.

  • If you chose to be excluded from the Settlement ("opted out"), you will not receive any money, and you will not be bound by any judgment or other final disposition of the lawsuit. You will retain any claims against Hertz that you might have. Your request for exclusion had to be sent by first-class mail, postmarked on or before July 15, 2019.  The deadline for requesting exclusion has passed.  

    If the request was not postmarked on or before July 15, 2019, your request for exclusion will be invalid, and you will be bound by the terms of the Settlement approved by the Court.

  • No. Unless you excluded yourself, you gave up any right to sue Hertz for the claims that this Settlement resolves, even if you did not file a Claim Form.  If you have a pending lawsuit against Hertz, speak to your lawyer in that case immediately.

  • No. If you excluded yourself, you are not part of the Settlement.

  • Your interest as a member of the Settlement Class will be represented by the Class Representatives and Counsel for the Settlement Class.  The Court has appointed Peter Lee and Latonya Campbell as Class Representatives.  The Court has appointed E. Michelle Drake, and Joseph C. Hashmall of Berger Montague PC, Jahan Sagafi and Relic Sun of Outten & Golden LLP, and Elisa Della-Piana and Keith Wurster of Lawyers’ Committee for Civil Rights of the San Francisco Bay Area as Counsel for the Settlement Class.

    You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying your attorney’s fees.

  • Counsel for the Settlement Class intend to apply to the Court for an award of attorneys’ fees, in an amount not greater than one-third of the Settlement Funds ($539,667), plus documented, customary out-of-pocket expenses incurred during the case, not to exceed $60,000.  The Court may award less.  Counsel for the Settlement Class also will seek compensation for the Named Plaintiffs in an amount not to exceed $10,000 ($5,000 each).  In all cases, these amounts will be paid directly out of the Settlement Fund. Amounts paid to Class Counsel as fees and expenses and service awards to the Named Plaintiffs will reduce the amount that can be paid out to the Settlement Class.  The attorneys representing the Class have handled this case on a contingency basis. To date, they have not been paid anything for their work, and they have paid all of the litigation costs out-of-pocket, without any reimbursement.  Class Counsel will be required to submit a fee request to the Court demonstrating why the fees and costs they are seeking are reasonable. This petition will be available on the Important Documents page no later than July 2, 2019.

  • The deadline for submitting a written objection to any aspect of the proposed Settlement has passed.  The deadline was July 15, 2019. 

    Any member of the Settlement Class who did not raise an objection in the time and manner described above will not be permitted to raise that objection later.

  • Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself, you have no basis to object because the lawsuit no longer affects you.

  • There was a Final Fairness Hearing to consider approval of the proposed settlement at 1:30 pm on August 16, 2019 at the Superior Court of California, County of San Francisco, Department 305, 400 McAllister Street, San Francisco, CA 94102.  The hearing was continued to 9:30 am on August 30, 2019.  The purpose of the hearing was to determine the fairness, reasonableness, and adequacy of the terms of the Settlement; whether the Settlement Class was adequately represented by Plaintiffs and Counsel for the Settlement Class; and whether an order and final judgment should be entered approving the proposed Settlement. The Court also considered Class Counsel’s application for an award of attorneys’ fees and expenses and the Named Plaintiffs’ service awards.

    You were represented at the Final Fairness Hearing by Counsel for the Settlement Class, unless you chose to enter an appearance in person or through your own counsel. The appearance of your own attorney was not necessary to participate in the Final Fairness Hearing.

  • No. Counsel for the Settlement Class represented the Settlement Class at the Final Fairness Hearing, but you were welcome to come at your own expense. If you sent any objection, you did not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court considered it. You could have paid your own lawyer to attend, if you wished.

  • This website is only a summary.  The full Settlement Agreement and certain pleadings filed in the case are on the Important Documents page or can be requested from the Settlement Administrator, identified above.

    You may also access the papers filed in this case online at https://sfsuperiorcourt.org/online-services.  Choose "Case Query" and then enter the Case number:  CGC-15-547520.

    If you wish to review any papers filed with the Court in person, you may do so during regular business hours at the office of the Clerk of the Court, the Superior Court of California, County of San Francisco, 400 McAllister Street, San Francisco, CA 94102, File: Lee & Campbell v. The Hertz Corp. & Dollar Thrifty Auto. Grp., Inc., Case No. CGC-15-547520.

  • Detailed information about the Settlement can be found in the Settlement Agreement, which is available on the Important Documents page. You also may contact the Settlement Administrator for more information by phone toll-free at 1-833-285-1322 or by email at info@LeeFCRASettlement.com. Do not contact the Court for information.

For More Information

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

Mail

Lee & Campbell v. The Hertz Corp. & Dollar Thrifty Auto Grp., Inc.
c/o JND Legal Administration
PO Box 91118
Seattle, WA 98111-9961