Noriesta v. Konica Minolta Business Solutions U.S.A. Inc., et al.
Noriesta v. Konica Minolta Business Solutions
5:19-cv-00620-JGB-KK

Frequently Asked Questions

 

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  • The court authorized the notice to be sent to all persons for whom Konica Minolta Business Solutions U.S.A., Inc. (“KMBS”) procured a consumer report for employment purposes between April 5, 2014 and July 1, 2018, and all California residents for whom KMBS procured a consumer report containing consumer credit information for employment purposes between April 5, 2012 and July 1, 2018. 

    If you received a Notice, that means that KMBS’s records indicate that you are a Class Member and you may be entitled to a Settlement Payment. The purpose of this Notice is to provide a brief description of the claims alleged in the Class Action, the key terms of the Settlement, and your rights and options with respect to the Settlement.

  • The Court has approved three Classes defined as follows:

    1. The FCRA Class: All United States unique job applicants on whom Defendant procured a consumer report for employment purposes based upon the same disclosure form provided to Plaintiff. Class membership begins on April 5, 2014 and continues through July 1, 2018.
    2. The ICRAA Class: All unique job applicants on whom Defendant procured a consumer report for employment purposes based upon the same disclosure form provided to Plaintiff and who provided a California address as their address of residence. Class membership begins on April 5, 2014 and continues through July 1, 2018.
    3. The CCRAA Class. All unique job applicants on whom Defendant procured a consumer report for employment purposes containing consumer credit information based upon the same disclosure form provided to Plaintiff and who provided a California address as their address of residence. Class membership begins on April 5, 2012 and continues through July 1, 2018.
  • If you are a Class Member, and the Settlement is finally approved, your estimated payment would be approximately $51.00 for each Class above in which you are a Class Member. If you believe the information provided above is incorrect, please promptly contact the Settlement Administrator.

    You should also contact the Settlement Administrator if you need to update your mailing address.

    Class Members should consult their tax advisors concerning the tax consequences of the payments they receive under the Settlement. For purposes of this Settlement, 100% will be allocated as non-wages for which IRS Forms 1099-MISC will be issued.

    If you wish to participate in the Class Action Settlement, which is explained in the Notice and the Settlement Agreement, you do not have to do anything. Class members will receive money under the Class Action Settlement by doing nothing. If you wanted to opt out of, or request to be excluded from and not bound by, the Class Action Settlement, then you must have submitted your intention to opt out of the Settlement in the manner and timeframe described in the mailed notice. 

  • The Plaintiff and KMBS have agreed to settle the class claims in exchange for a Class Settlement Amount of $636,570.00. This amount is inclusive of: (1) Individual Settlement Payments to all Participating Class Members; (2) any Class Representative Incentive Payment (up to $10,000); (3) Class Counsel’s Attorneys’ Fees (up to $210,068.10) and Costs (up to $15,000); and (4) reasonable Administrative Costs currently estimated at no more than $35,000. After deducting the Class Representative Incentive Payment, Class Counsel’s Attorneys’ Fees and Costs, and the Settlement Administrator’s fees and expenses, a Net Settlement Amount of approximately $366,502 will be allocated to Class Members who do not opt out of the Settlement (“Participating Class Members”). Each Participating Class Member will receive a pro rata portion from the Net Common Fund for each Class in which they are a Class Member.

    After 180 days from the mailing of Settlement checks, the amount of any Settlement checks from the Net Common Fund that have not been cashed will be distributed to a mutually agreed upon charitable recipient.

  • Plaintiff Harry S. Noriesta, on behalf of himself and on behalf of other allegedly similarly situated persons, claims that KMBS violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq., the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code §§ 1785 et seq., and the California Investigative Consumer Reporting Agencies Act, Cal. Civ. Code §§ 1786 et seq. in connection with KMBS’s procurement and use of consumer reports for employment purposes.

    After the exchange of relevant information and evidence, the Parties agreed to enter into settlement negotiations in an attempt to informally resolve the claims in the case. On January 22, 2020, the Parties participated in a mediation with an experienced and well-respected mediator with special expertise in FCRA class actions. At the mediation, the Parties were able to negotiate a complete settlement of Plaintiff’s claims.

    Counsel for Plaintiff, and the attorneys approved by the Court to represent the class, Douglas Han, Daniel J. Park and Shunt Tatavos-Gharajeh of the Justice Law Corporation (“Class Counsel”), has investigated and researched the facts and circumstances underlying the issues raised in the case and the applicable law. While Class Counsel believes that the claims alleged in this lawsuit have merit, Class Counsel also recognizes that the risk and expense of continued litigation justify settlement. Based on the foregoing, Class Counsel believes the proposed settlement is fair, adequate, reasonable, and in the best interests of Class Members.

    KMBS denies that it violated the law in any way. It has denied, and continues to deny, the factual and legal allegations in the case and believes that it has valid and meritorious defenses to Plaintiff’s claims. By agreeing to settle, KMBS is not admitting liability on any of the allegations or claims in the case or that the case can or should proceed as a class action. KMBS has agreed to settle the case as part of a compromise with Plaintiff.

  • The attorneys approved by the Court to represent the class are Douglas Han, Daniel J. Park and Shunt Tatavos-Gharajeh of the Justice Law Corporation (“Class Counsel”). You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • If you are a Class Member and you do nothing, and if the Court grants final approval of the Settlement, then you will be mailed a check for your share of the Settlement Fund. In addition, you will be deemed to have released or waived the following claims (“Released Claims”):

    All claims, damages, losses, demands, penalties, liabilities, fees, interest, causes of action, complaints or suits that were or could have been brought in the Class Action relating to background checks including but not limited to claims under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq., the Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786 et seq., the Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785 et seq., California Business & Professions Code §§ 17200 et seq., and similar claims under state law which any Class Member has ever had, or hereafter may claim to have against the Released Parties as of the Effective Date. As to all other FCRA claims, past or present, the class members also waive and release their rights to be a class representative in a class action, or to seek punitive damages from KMBS, as of the Effective Date of the Settlement. The release does not extend to wage and hour claims arising from the California Labor Code and applicable wage orders and laws in the matters Noriesta et al. v. Konica Minolta Business Solutions U.S.A., Inc., Case No. CIVDS1915995 (Cal. Sup. Ct., San Bernardino) and Noriesta et al. v. Konica Minolta Business Solutions U.S.A., Inc., Case No. 5:19-cv-00839 DOC (C.D. Cal).

  • The deadline to exclude yourself from the Settlement was August 25, 2020, and has passed. 

  • The deadline to object to the Settlement was August 25, 2020, and has passed. 

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object to the Settlement because the case no longer affects you.

  • The Court preliminarily approved the Settlement and will hold a Final Approval Hearing to decide whether to give final approval to the Settlement.  At the Hearing, the Court will determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class.  It will consider the award of attorneys’ fees and expenses to Class Counsel and the request for service awards to the Representative Plaintiffs.

  • The Final Approval Hearing is set for October 19, 2020 at 9 a.m. in the George E. Brown, Jr. Federal Building and United States Courthouse, the United States District Court for the Central District of California.

  • You are not required to attend the Hearing.

  • To see a copy of the Settlement Agreement, Preliminary Approval Order, and other relevant Court documents, please visit the Important Documents page. Alternatively, you may contact the Settlement Administrator at the Contact Us page or Class Counsel by mail at:

    Douglas Han, Esq.
    Shunt Tatavos-Gharajeh, Esq.

    Daniel J. Park, Esq.
    Justice Law Corporation
    751 N Fair Oaks Avenue
    Suite 101
    Pasadena, California 91103
    Phone: (818) 230-7502

     

    PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, KMBS, OR KMBS’S ATTORNEYS WITH INQUIRIES.

For More Information

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

Mail
KMBS FCRA Settlement
c/o JND Legal Administration
PO Box 91308
Seattle, WA 98111