Nesbitt, et al. v. Postmates, Inc.
Nesbitt FCRA Settlement
CGC-15-547146

Welcome to the Nesbitt FCRA Settlement Website

 

If you received a Notice, you have been identified as a Class Member and are eligible to receive a payment from the proposed Settlement.  

 

What is this lawsuit about?

Nesbitt, et al. (the "Plaintiffs") filed a class action lawsuit that alleges that Postmates, Inc. ("Postmates") violated the Fair Credit Reporting Act (“FCRA”) in two ways.  First, Plaintiffs allege that Postmates failed to provide proper legally required disclosures to individuals who signed up to be couriers utilizing Postmates’ platform prior to obtaining consumer reports on them.  Second, Plaintiffs allege that Postmates failed to provide individuals who signed up to be couriers utilizing Postmates’ platform with a copy of their consumer reports and a notice of their rights before taking adverse action against them.  Plaintiffs allege that Postmates procured and used these consumer reports for “employment purposes.” Defendant disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Settlement Class.  The parties have agreed to resolve the lawsuit against Postmates through a settlement. 

A more detailed description of this lawsuit and important court documents may be found on the Key Documents page of this website.

 

Who is included?

You are part of the Settlement if you signed up to use Postmates' platform as a courier and were subject to a background check between July 31, 2013 and May 1, 2016.  All potential Class Members were identified through Postmates' business records, and belong to one or more of the following Settlement Categories:

Category 1681b(b)(2): All individuals who signed up to be couriers utilizing Postmates’ platform at any time from July 31, 2013 to May 1, 2016 and were subject to a background check procured by Postmates, excluding those individuals who are Category 1681b(b)(3) Settlement Class Members.

Category 1681b(b)(3): All individuals who received unfavorable results on a Postmates’ background check and were not granted access to the Postmates platform as a courier, at any time from July 31, 2013 to September 24, 2015.

Category 1681b(b)(2) Settlement Class Members include all individuals who were subject to a background check procured by Postmates within the specified time period, whether or not they were granted access to the Postmates’ platform, unless the individuals qualify as Category 1681b(b)(3) Settlement Class Members as specifically defined above.  If you are unsure of whether you are in the Settlement Class, you can contact the Settlement Administrator at 1-888-213-8889.

 

 

How do I participate in the Settlement?

In order to qualify and receive benefits, members of Category 1681b(b)(2) needed to submit a Claim Form by October 17, 2017

Members of the 1681b(b)(3) Category do not need to do anything to receive benefits. 

Your Legal Rights and Options

Option and Deadline
Event
Submit a Claim Form

October 17, 2017 (Submitted or Postmarked)
(Passed)  
In order to qualify or get benefits, members of Category 1681b(b)(2) need to submit the Claim Form online, or by mail, email or fax.

Members of Category 1681b(b)(3) do not need to submit a Claim Form. 
Exclude Yourself  

October 2, 2017 (Submitted or Postmarked)
(Passed)
Receive no benefit under the Settlement.  This is the only option that allows you to be part of any other lawsuit against Defendants about the background check related matters being resolved in this Settlement.
Object

October 2, 2017 (Submitted or Postmarked)
(Passed)
Write to the Court about why you don’t like the Settlement.  You can do this only if you don’t exclude yourself.
Do Nothing  If you are a Category 1681b(b)(2) class member and do not return the Claim Form, you will receive no monetary recovery and you will not be able to sue Postmates for this conduct in the future.

If you are a Category 1681b(b)(3) class member and do nothing, you will receive a monetary recovery and you will not be able to sue Postmates for this conduct in the future. 

For More Information

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

mail

Nesbitt FCRA Settlement
c/o JND Class Action Administration
P.O. Box 6878
Broomfield, CO 80021