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

Frequently Asked Questions

 

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  • The short Notice that you received indicates whether you are a member of the Category 1681b(b)(2) class or Category 1681b(b)(3) class:
     

    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.

    Composition of the Settlement Categories is based upon Postmates’ records.  

    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 members of the Category b(b)(3) Settlement Class and to those Category b(b)(2) Settlement Class members who have returned Claim Forms.

    The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.  The Notice contains only a summary of the Settlement Agreement; the full Settlement Agreement is available on the Key Documents page.  

    The Court in charge of this case is the Superior Court of California, County of San Francisco, and the case is known as Nesbitt, et al. v. Postmates, Inc., Case No. CGC-15-547146.  The persons who filed this lawsuit are called the Plaintiffs and Postmates is the Defendant.  

  • Plaintiffs allege that 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 allegedly taking adverse action against them.  Plaintiffs allege that Postmates procured and used these consumer reports for “employment purposes."

    Postmates disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Settlement Class.  In the lawsuit, Postmates has denied Plaintiffs’ allegations and has raised a number of defenses to the claims asserted.  Postmates further denies that the FCRA “employment purposes” provisions apply to individuals who signed up to be couriers utilizing Postmates’ platform.  Postmates further contends that, absent this settlement, many individuals would be required to individually arbitrate their claims, if any, against Postmates rather than pursuing them in court.  

    No court has found Postmates 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 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 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 Postmates.  Instead, Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims against Postmates and Postmates’ defenses.  The parties engaged in lengthy and arm’s-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, Postmates 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 signed up to use the Postmates’ platform as a courier and were subject to a background check between July 31, 2013 and May 1, 2016.  If you signed up to use Postmates’ platform as a courier between July 31, 2013 and September 24, 2015 and were not granted access to the Postmates’ platform due to the result of your background check, you will be eligible to receive a monetary recovery without submitting a Claim Form (Category 1681b(b)(3) Class Members).  Otherwise, you must submit a Claim Form to receive monetary relief (Category 1681b(b)(2) Claim Members).  Both categories of Settlement Class Members will also receive certain non-monetary relief and will be bound to the same releases contained in the Settlement Agreement unless they opt out.

    If you received a Notice, Postmates’ records indicate you are a member of the Settlement Class.  Your Notice indicates whether you are a Category 1681b(b)(2) or Category 1681b(b)(3) Class Member.  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 at 1-888-213-8889 to find out.  In all cases, the question of class membership will be determined based on Postmates’ records. 

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

    Through this Settlement, $2,500,000 will be contributed to a Settlement Fund to be distributed to members of the Class.  The amount distributed to any individual claimant will depend on the number of Claim Forms submitted, which Category the claimant is a member of, as well as the amount of attorneys’ fees and costs awarded by the Court, and the payment to the Settlement Administrator.  

    Members of the Category 1681b(b)(3) Class will receive three (3) times more than members of the Category Class 1681b(b)(2) who return timely Claim Forms.  Members of the Category 1681b(b)(3) Class do not need to do anything to receive a check.  

    The parties estimate that Settlement Class Members in the 1681b(b)(2) Category will receive between $14 and $25; Settlement Class Members in the 1681b(b)(3) Category will receive between $42 and $75.  These amounts are estimates only and the actual amounts paid will depend, among other things, on the number of Category 1681b(b)(2) Class members who submit claims.

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

    If any Settlement Funds remain after all checks have been distributed, and after all attorneys’ fees, expenses and administrative costs have been paid, any remaining amounts will be distributed to the parties’ designated charitable organization.

  • The deadline for Category 1681b(b)(2) members to submit acompleted Claim Form was October 17, 2017.  Category 1681b(b)(3) members do not need to do anything to receive benefits.  

    Your interest as a member of the Settlement Class will be represented by Plaintiffs and Counsel for the Settlement Class.  You will be bound by any judgment arising from the Settlement.  If the Settlement is approved, and you timely return the Claim Form (for Category 1681b(b)(2) members), the Settlement Administrator will send you any monies that you are entitled to under the Settlement.

    If you change your name or mailing address before you receive your payment, please update your information under the "Email Us" section of the Contact Us page to ensure that you receive your payment.

  • The Court will hold a Final Fairness Hearing at 9:30 a.m. on November 7, 2017 in the Superior Court of California, County of San Francisco, Courtroom 302, 400 McAllister Street, San Francisco, CA 94102, to decide whether to approve the Settlement.  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.

  • Upon the Court’s approval of the Settlement, all members of the Settlement Class who do not exclude themselves (as well as their spouses, heirs, and others who may possess rights on their behalf) will fully release Postmates (and its affiliates, subsidiaries, employees, and others who may be subject to claims with respect to Postmates as further specified in the Settlement Agreement) from all claims arising out of or relating to the facts alleged in the lawsuit.  This release may affect your rights, and may carry obligations, in the future.  The full terms of this release contained in the Settlement Agreement is available on the Key Documents page. 

  • The deadline to opt out of the settlement was October 2, 2017.

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

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

  • The Court has appointed Lorretta Nesbitt, Jamal St. Louis and Arian Nunez as Class Representatives.  The Court has appointed Berger & Montague, P.C. and Fitapelli & Schaffer, LLP as Counsel for the Settlement Class.

    Counsel for the Settlement Class represent the interests of the Settlement Class.  You may hire your own attorney to advise you but, if you hire your own attorney, you are responsible for paying the 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 ($833,333), plus documented, customary out-of-pocket expenses incurred during the case.  The Court may award less.  Counsel for the Settlement Class also will seek compensation for the Named Plaintiffs in an amount not to exceed $13,500 ($6,500 for Plaintiff Nesbitt and $3,500 for Plaintiffs Nunez and St. Louis).  

    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 as benefits.  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 fee they are seeking is reasonable.  This petition will be available on the Settlement Website no later than September 18, 2017 (two weeks before the Objection Deadline).

  • The deadline to object to the settlement was October 2, 2017.

  • Objecting tells the Court that you don’t like something about the Settlement.  You can object only if you stay in the Settlement.  Excluding yourself tells 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.

  • The Court held a Final Fairness Hearing to consider approval of the proposed Settlement at 9:30 a.m. on November 7, 2017 at the Superior Court of California, County of San Francisco, Courtroom 302, 400 McAllister Street, San Francisco, CA 94102. The purpose of the hearing was to determine the fairness, reasonableness, and adequacy of the terms of the Settlement; whether the Settlement Class is 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’ compensation.

    On November 8, 2017, the Court granted final approval of the Settlement.  You can view the final approval order on the Key Documents page.
     

  • For a more detailed statement of the matters involved in the lawsuit 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, the Superior Court of California, County of San Francisco, 400 McAllister Street, San Francisco, CA 94102, File: Nesbitt, et al. v. Postmates, Inc., Case No. CGC-15-547146.  

    The full Settlement Agreement and certain pleadings filed in the case are available on the Key Documents page or can be requested, in writing, from the Settlement Administrator at:
     

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

  • You can update your address information under the "Email Us" section on the Contact Us page of the Settlement Website.

  • You can continue to visit the Settlement Website for updates, call the Settlement Administrator toll-free at 1-888-213-8889, submit a question under the "Email Us" section on the Contact Us page, or write to the Settlement Administrator at:
     

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


    Do not contact the Court for information.

     

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