The short postcard notice that you received by mail or email notice indicates whether you are a member of the Deemed Misdemeanor Class, the Nationwide Inaccurate Offense Characterization Class, or both Classes. This longer Notice has been posted for the benefit of potential members of one or more of the following two Settlement Classes:
Deemed Misdemeanor Class:
All natural persons on whom Defendant published a consumer report, from October 12, 2018 to July 13, 2021, where:
- the consumer had a Minnesota criminal conviction for which the imposition of a sentence was stayed pursuant to Minn. Stat. § 609.135;
- the conviction was deemed a misdemeanor pursuant to Minn. Stat. § 609.13, prior to the date on which Defendant prepared the consumer report, with probation being discharged;
- the consumer report indicated that the offense level was felony; and
- the consumer report did not indicate that the conviction was deemed a misdemeanor.
Nationwide Inaccurate Offense Characterization Class:
All natural persons on whom Defendant published a consumer report, from October 12, 2018 to September 29, 2021, where:
- Defendant’s report listed a criminal offense;
- Defendant’s report characterized the offense as “offense class: violence”; and
- the description of the crime on Defendant’s report does not involve a violent act against another person, or a threatened violent act towards another person. A list of offenses the Parties have agreed satisfy this criterion (3), for purposes of the Settlement, is attached to the Settlement Agreement as Exhibit A.
The Class does not include individuals who were convicted of crime involving possession of a weapon and where the underlying elements of the crime involve violence or threatened violence towards another person or where the state law of the jurisdiction defines the possession of a weapon as a crime of violence.
Those members of the Nationwide Inaccurate Offense Characterization Class who (a) had no other non-traffic offense on their report; (b) disputed the inclusion of an offense labeled as “violent” on their report; or (c) had no adverse action taken and no other offense labeled as “violent” on their report are the Nationwide Inaccurate Offense Characterization Entitled to Autopay Class Members.
The remaining Nationwide Inaccurate Offense Characterization Class Members are the Nationwide Inaccurate Offense Characterization Not Entitled to Autopay Class Members.The Nationwide Inaccurate Offense Characterization Class Members Not Entitled to Autopay must fill out a Claim Form to receive a payment.
If you are unsure of whether you are in one or both of the Settlement Classes, or about whether you need to make a claim in order to receive a payment, you can contact the Settlement Administrator or Class Counsel at firstname.lastname@example.org or 1-855-528-0050.
Composition of the Settlement Classes is based upon Inflection’s records.
This Notice has been posted because members of the Settlement Classes 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 members of the Classes entitled to payment.
This Notice explains the lawsuit, 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.backgroundreportsettlement.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 District of Minnesota, and the case is known as Taylor v. Inflection Risk Solutions, LLC, Case No. 0:20-cv-2266-PAM-JFD. The person who filed this lawsuit is called the Class Representative, and Inflection is the Defendant.
The Class Representative alleged that Inflection violated the Fair Credit Reporting Act by furnishing background reports without following reasonable procedures to assure maximum possible accuracy. Class Members are people who were either identified as having a Minnesota offense labeled as a felony when such offense had been deemend a misdemeanor under Minn. Stat. § 609.13, and/or people who had an offense labeled as “offense class:violence” when the description of the offense on the report does not involve an act of violence or threatened act of violence towards another person. As part of the settlement, Inflection has agreed to pay Settlement Class Members money.
Inflection has denied all claims in the lawsuit, has disputed that it has any liability, and contends that it acted lawfully and in compliance with the Fair Credit Reporting Act at all times.
Inflection and the Class Representative (the “Parties”) are settling the litigation to avoid the burden, risk, expense, and uncertainty of further 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. No court has found Inflection to have violated the law in any way. No court has found that the Class Representative could recover any certain amount in this litigation.
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. One court resolves the issues for everyone in the class -- except for those people who choose to exclude themselves from the class. Any 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 may have against Inflection relating to the background report they prepared on you.
The Settlement Benefits
The settlement provides money for Settlement Class Members.
Inflection has agreed to provide a settlement fund of $4,000,000.00. Of this amount, $747,000.00 is allocated to the Deemed Misdemeanor Class and the remaining $3,253,000.00 is allocated to the Nationwide Inaccurate Offense Characterization Class. This money will be divided pro rata among Settlement Class Members who are eligible to receive payments, and will also be used to pay for any Court-approved attorneys’ fees, costs, settlement administration costs, and Class Representative service award.
Members of the Deemed Misdemeanor Class will receive a settlement payment without needing to submit a claim form. Class Counsel estimates these payments to be from $470-$480.
Members of the Nationwide Inaccurate Offense Characterization Class will receive a settlement payment that Class Counsel estimates to be from $70-$95 depending on how many valid Claim Forms are received. Nationwide Inaccurate Offense Characterization Class Members Not Entitled to Autopay must submit a Claim Form to receive a payment. Nationwide Inaccurate Offense Characterization Class Members Entitled to Autopay do not need to submit a Claim Form to receive a payment.
If an individual is a member of both the Deemed Misdemenaor Class and the Nationwide Inaccurate Offense Characterization Class, they will be eligible to receive both Classes’ payment amounts, provided that a valid Claim Form is submitted if the individual is a Nationwide Inaccurate Offense Characterization Class Members Not Entitled to Autopay.
If any settlement funds remain after all payments have been distributed, and after all attorneys’ fees, expenses, Class Representive award, and administrative costs have been paid, any remaining amounts will be redistributed if redistributation payments would be at least $35. If redistribution payments would be under $35, the remaining funds will be donated to the parties’ designated charitable organization, Public Justice.
The amounts contained in this notice are estimates. The exact amount you may receive will vary depending on which Class you are a member of, on the amount of attorneys’ fees, Class Representative award, and administration costs, as well as the number of Settlement Class Members participating in the settlement.
The Settlement Administrator will begin issuing payments from the Settlement Fund approximately 21 days after the Court approves the settlement and the approval becomes final. The Court will hold a hearing on November 15, 2022 at 11:00 a.m. to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time. Payments to members of the Settlement Classes can only made after the settlement is finally approved and any appeals are resolved. Progress about the settlement, including details about expected payment dates, will be posted on the settlement website. This may take some time, so please be patient.
Payments to members of the Settlement Classes will be issued via PayPal. The short postcard notice that you received by mail or email notice indicates the email address on file that the payment will be sent to.
If you do not have a PayPal account, you can set one up and provide your PayPal email address to the Settlement Adminstrator by completing a claim form. You can also update your PayPal email address by submitting a claim form.
Please visit www.backgroundreportsettlement.com to opt to be paid by check, submit your claim form online, or to download a claim form.
If you wish to receive your Settlement Payment via check, you must visit the settlement website and select the option to receive payment by check or fill out a Claim Form and select the option to receive payment by check.
Unless you exclude yourself from this settlement and upon the Court’s approval of the settlement, you will be considered a member of the Classes, which means that you (as well as your spouses, heirs, and others who may possess rights on your behalf), give up your right to sue or participate in any lawsuit against Inflection regarding the legal issues that were raised in this case. Giving up your legal claims is called a “release.” Unless you formally exclude yourself from this settlement, you release your claims.
You will be releasing Inflection from any and all claims arising out of or relating directly or indirectly in any manner whatsoever to the facts alleged or which could have been alleged or asserted in the litigation as to Inflection. This release explicitly includes claims for actual damages, statutory damages, and punitive damages, as well as for attorneys’ fees and costs.
To view the full terms of this release, which are contained in the Settlement Agreement, click HERE.
If you choose to be excluded from the settlement (or “opt out”), you will not be bound by any judgment or other final disposition of the litigation with Inflection and you will not receive any settlement payment. You will retain any claims against Inflection you might have. To opt out, you must state in writing your desire to be excluded from the Settlement Classes. Be sure to include (1) the name of the lawsuit, Taylor v. Inflection Risk Solutions, LLC; (2) your full name, current address, and telephone number; (3) a statement of intention to exclude yourself from the settlement; and (4) your signature. Your request for exclusion must be sent by first class mail, postmarked on or before October 28, 2022, addressed to:Background Report Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Phildelphia, PA 19103
If the request is not postmarked on or before October 28, 2022, 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.
No. Unless you exclude yourself, you give up any right to sue Inflection for the claims that this settlement resolves, even if you do not file a Claim Form. If you have a pending lawsuit, speak to your lawyer in that case immediately.
No. If you exclude yourself, you are not part of the settlement.
The Lawyers Representing You
The Court has appointed the following lawyers as Class Counsel:
John G. Albanese
Berger Montague PC
1229 Tyler Street, Suite 205
Minneapolis, MN 55413
Goolsby Law Offices, LLC
475 Cleveland Avenue N, Suite 212
Saint Paul, MN 55104
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.
Class Counsel will ask the Court for an award of attorneys’ fees to be paid out of the Settlement Fund, which Class Counsel is requesting to be one-third of the Settlement Fund. The Court will evaluate whether this fee request is reasonable in light of Class Counsel’s skill, efforts expended, and the risk they undertook in bringing the litigation against Inflection. The Court may award less. Class Counsel will also ask the Court to reimburse their costs and expenses incurred by them in litigating this matter, as well as settlement administration costs. To date, Class Counsel has not received any compensation for prosecuting this litigation.
Class Counsel also will seek compensation for the Class Representative in an amount not to exceed $7,500 as a service payment. This compensation is intended to compensate the Class Representative for the time and effort put into bringing this litigation on behalf of everyone in the Settlement Classes.
Objecting To The Settlement
If you are a Settlement Class Member, you can object to the settlement if you do not think it is fair, reasonable, or adequate. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement as is.
To object, you must send a letter in writing.
All written objections and supporting papers must (a) clearly identify the case name and number (Taylor v. Inflection Risk Solutions, LLC, Case No. 0:20-cv-2266-PAM-JFD); (b) contain the basis for and an explanation of the objection; (c) contain your name, address, telephone number, and email address; (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 Distict of Minnesota, 316 N. Robert Street, Suite 100, Saint Paul, MN 55104, or by filing your objection in person at any location of the United States District Court for the Minnesota, and (f) a copy must be mailed to the Settlement Administrator at the address noted in Question 8. Your objection must be filed and/or postmarked on or before October 28, 2022.
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.
Any member of the Settlement Classes who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.
Objecting is telling the Court that you believe the settlement is not fair, adequate, or reasonable. 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 litigation no longer affects you.
The Court will hold a hearing to decide whether to approve the settlement. The hearing will be held on November 15, 2022 at 11:00 a.m. at the United States District Court for the District of Minnesota, 316 N. Robert Street St. Paul, MN 55101. The hearing may be postponed to a later date without further notice; Settlement Class Members should check www.backgroundreportsettlement.com regularly for any changes to this date. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of settlement; whether the Settlement Classes are adequately represented by the Class Representative and Class Counsel; and whether an order and Final Judgment should be entered approving the proposed settlement. The Court also will consider Class Counsel’s application for an award of attorneys’ fees and expenses and Class Representative’s compensation.
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.
No. Class Counsel will represent the Settlement Classes at the final approval hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it, but you may if you wish. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, if you wish.
You may ask the Court for permission to speak at the final approval hearing. To do so, you must send with your objection a notice of intention to appear at the hearing as described in Paragraph 15 above. You cannot speak at the hearing if you exclude yourself.
Getting More Information
This Notice is only a summary. For a more detailed statement of the matters involved in the litigation or the settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of the Court, United States District Court for the District of Minnesota, 316 N. Robert Street St. Paul, MN 55101, File: Taylor v. Inflection Risk Solutions, LLC, Case No. 0:20-cv-2266-PAM-JFD. The full Settlement Agreement and certain pleadings filed in the case are also available at www.backgroundreportsettlement.com or can be requested, in writing or by phone, from the Settlement Administrator or Class Counsel.
You can visit the Important Documents section of this website or contact the Settlement Administrator at email@example.com or 1-855-528-0050.
Please do not contact the Court for information.