-UPDATE: BENEFIT CHECKS WERE MAILED TO ALL ELIGIBLE PARTIES ON AUGUST 18, 2020-
If you filled out WM. Bolthouse Farms, Inc's form entitled "Consent to Request Consumer Report & Investigative Consumer Report Information" during the time period of March 7, 2017 to July 31, 2018, you may be entitled to a payment under this Settlement.
What is this Settlement about?
A lawsuit entitled ERIC FELIX, an individual, on behalf of himself and others similarly situated, Plaintiff v. WM. BOLTHOUSE FARMS, INC., and DOES 1 thru 50, inclusive, Defendants, filed in the United States District Court for the Eastern District of California, Case No. 1:19-CV-00312-AWI-JLT on March 7, 2019 (the “Litigation”), is now pending. The litigation was filed by Plaintiff Eric Felix (the “Named Plaintiff”) a former employee of Bolthouse, against Bolthouse. Plaintiff and Bolthouse are collectively referred to as the “Parties.”
In the Litigation, the Named Plaintiff alleged that Bolthouse failed to obtain proper authorization prior to obtaining background checks and that the Consent to Request Consumer Report & Investigative Consumer Report Information utilized by Bolthouse failed to clearly and conspicuously disclose that a consumer report may be obtained for employment purposes. The claims being settled involve complex legal and factual issues. The key issues in dispute are (1) whether the form referenced above provided by Bolthouse to applicants provided proper disclosure that Bolthouse would engage Sterling Infosystems to obtain a background check on those applicants; and (2) whether applicants’ signed authorization was properly obtained prior to Bolthouse obtaining background checks on those applicants.
Bolthouse has asserted and continues to assert many defenses in the Litigation. Bolthouse disputes Plaintiff’s claims, expressly denies any wrongdoing or liability whatsoever arising out of the conduct alleged in this Litigation, and contends that all of its practices were in compliance with applicable law. There has been no finding of any violation of the law by Bolthouse. However, the Parties have reached a settlement. The settlement cannot be interpreted to mean that any party prevailed or was defeated in the case.
Who is included?
This proposed Settlement covers all individuals who filled out Bolthouse’s form entitled “Consent to Request Consumer Report & Investigative Consumer Report Information” permitting Sterling Infosystems Inc. to obtain and use consumer report information for employment purposes during the time period of March 7, 2017 to July 31, 2018.