Tyus v. General Information Solutions LLC
Tyus v. GIS Class Action Settlement
No. 2017CP3201389

FAQs

 

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  • A Court authorized a notice to be sent to Settlement Class Members, who have a right to know about a proposed settlement of this class action lawsuit and about the available options before the Court decides whether to give "final approval" to the Settlement. This website explains the lawsuit, the settlement, and your legal rights. Judge Knox McMahon of the Court of Common Pleas for Lexington County, South Carolina, is overseeing this class action. The case is known as Tyus v. General Information Solutions LLC, No. 2017CP3201389 (the “Lawsuit").

  • What the Plaintiff Claims
    Rondo Tyus (the “Plaintiff”) claims that the Defendant violated the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”) in connection with preparing background reports. Specifically, the Plaintiff contends that the Defendant violated the FCRA by reporting records other than convictions of crimes with a disposition date more than seven years before the date of the report. The Plaintiff also contends that the Defendant violated the FCRA by reporting records other than convictions of crimes under the heading “Criminal History” and by failing to properly report whether consumers admitted criminal records to their prospective employers.

    How the Defendant Responded
    The Defendant has denied all claims in the Lawsuit and contends that it acted lawfully and in compliance with the FCRA at all times. Despite denying liability and wrongdoing, the Defendant has decided it is in its best interest to settle the Lawsuit to avoid the burden, expense, risk, and uncertainty of continuing the litigation.

  • You are a member of the Settlement Class and are affected by the settlement if the Defendant provided a background check about you directly to an end-user that contained a record that was something other than a conviction of a crime and the disposition of that record occurred more than seven years before the date of the report.

    Specifically, for the purposes of settlement only, the Court has provisionally certified a “Settlement Class” defined as follows:

    All natural persons residing in the United States or the District of Columbia who were the subject of one or more consumer reports that GIS prepared and furnished directly to an end-user during the period from January 19, 2014 to December 31, 2016, which report or reports contained one or more records in the “Criminal History” section of the report where the disposition in the incident (a) is something other than a conviction of a crime; and (b) antedates the date of the report by more than seven years. Excluded from the Settlement Class are any Released Party, any consumer who has previously released his or her claims against GIS, any person who validly opts out of the settlement pursuant to Subsection 6.1.1, and the Judge overseeing the Litigation.

    If you fall within the foregoing Settlement Class definition, you will be a Settlement Class Member unless you excluded yourself from the Settlement Class.

  • The Defendant has agreed to pay $704,000 (the “Settlement Fund”) for the benefit of the Settlement Class. Payments will be made by check to each class member in the amount of approximately $148. Because the amount of each check is subject to a pro rata deduction from the Settlement Fund for attorneys’ fees and costs, and Plaintiff's class representative service award approved by the Court, the expected payment is the “net” amount stated above. This is an approximate amount and the amount that you actually receive could be less.

    As a term of the settlement, the Defendant has agreed to implement process changes and continue to implement improvements to its consumer reports to enhance how it reports admitted criminal information and to revise the heading “Criminal History” on consumer reports.

  • You do not need to do anything to receive the benefits of the settlement. If the settlement is finally approved, you will automatically receive a payment, unless you have excluded yourself from the Settlement Class. The check will be mailed to the address appearing in the Defendant’s records. If your address has changed or is changing, you may contact the Settlement Administrator at the address listed at the bottom of this page.

  • The Court approved the settlement on December 12, 2017. However, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year after Court approval. The progress of the settlement will be reported on this website.  Please be patient.

  • Unless you excluded yourself, you are staying in the Settlement Class, which means that you cannot be part of any other lawsuit against the Defendant (or other parties released by the settlement) about the legal claims in this case and legal claims that could have been brought in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you did not exclude yourself from the Settlement Class, you will agree to a “Release of Claims,” stated below, which describes exactly the legal claims that you give up if you get settlement benefits. Basically, you are releasing your right to individually sue for any violation of federal or state law based on the Defendant’s reporting of non-conviction count information, meaning criminal counts that did not result in convictions but were charged in a criminal case in which a conviction occurred more than seven years before the date of the report.

    The “Release” contained in the Settlement Agreement states:

    • Upon the Effective Date, Plaintiff, for himself and as a representative of the Settlement Class Members and on behalf of each Settlement Class Member and his or her executors, representatives, heirs, successors, bankruptcy trustees, guardians, wards, agents and assigns, and all those who claim through them or who assert claims on their behalf will be deemed to have completely and forever discharged each of GIS and its present, former, and future officers, directors, partners, employees, agents, contractors, suppliers, furnishers, attorneys, servants, heirs, administrators, executors, members, member entities, shareholders, predecessors, successors, affiliates, subsidiaries, parents, representatives, trustees, principals, insurers, vendors and assigns (“Released Parties”), regardless of the legal theory by which that person could be asserted to be liable for any Released Claim, from any claim, right, demand, charge, complaint, action, cause of action, obligation, or liability for any type of relief which Plaintiff or any Settlement Class Member ever had, now has, or may have in the future resulting from, arising out of, or in any way, directly or indirectly, connected with any acts or omissions that were raised or could have been raised in the Litigation, whether known or unknown, suspected or unsuspected (“Released Claims”). The Released Claims shall include all claims for restitution and actual, statutory, or punitive damages, or other monetary relief of any and every kind, as well as all claims for declaratory or injunctive relief. The Released Claims shall include without limitation those based on the law of any jurisdiction, including federal law, state law, local law, statutes, regulations, and common law.
  • The deadline to exclude yourself from the settlement passed on October 10, 2017.  If you did not want a benefit from this settlement, but wanted to maintain your right to sue or continue to sue the Defendant on your own about the legal issues in this case, you must have taken steps to exclude yourself from the Settlement Class.

  • No. Unless you excluded yourself, you gave up the right to sue the Defendant for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You may have needed to exclude yourself from this class action to continue your own lawsuit. The deadline to exclude yourself has passed.

  • No.

  • The Plaintiffs retained E. Michelle Drake and John G. Albanese of Berger & Montague, P.C., 43 SE Main Street, Suite 505, Minneapolis, MN 55414; and Thomas C. Lenz of First Albrecht & Blondis, S.C., 158 N. Broadway, Suite 600, Milwaukee, WI 53202 to represent them.  In connection with the preliminary approval of the settlement, the Court appointed these attorneys to represent you and other members of the Settlement Class.  Together, the attorneys are called “Class Counsel.”  These lawyers will not separately charge you for their work on the case.  If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court for an award of attorneys’ fees, which the Defendant has agreed to pay as part of the Settlement Fund, with Class Counsel requesting approximately $234,666 of the Settlement Fund.  However, the Court may ultimately award less than this amount.  Class Counsel will also ask the Court to reimburse their costs and expenses incurred by them and by the Plaintiff in litigating this matter.  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 26, 2017.  The Defendant has paid for the costs of this notice to you and the costs of administering the settlement as part of the Settlement Fund.
  • The Plaintiff will ask the Court to approve payments of amount not to exceed $5,000 as individual settlement and service award for his effort and time expended in prosecuting this case. However, the Court may ultimately award less than this amount.

  • The deadline to object to the settlement has passed. If you are a Settlement Class Member, you were able to object to the settlement if you did not think any part of the settlement is fair, reasonable, or adequate.

  • Objecting is simply telling the Court that you do not like something about the settlement.  You could object only if you remained in the Class.  Excluding yourself is telling the Court that you did not want to be part of the Class.  If you excluded yourself, you had no basis to object to this settlement because the case no longer affects you.

  • On December 12, 2017, the Court entered approval of the settlement, after the fairness hearing where it considered whether the settlement was fair, reasonable, and adequate. A copy of the Final Approval order is available to download on the Important Documents page.
  • The hearing was held on December 11, 2017. You were not required to attend.

  • The hearing was held on December 11, 2017.

  • This website summarizes the proposed settlement.  Additional details can be found on the Important Documents page, which includes the Complaint, Settlement Agreement, and other governing settlement documents.

  • Please visit this website for up-to-date information.  If you have questions about the case, you can call toll free 1-888-551-9702 or write to: Tyus v. General Info. Solutions LLC, c/o JND Legal Administration, PO Box 7118, Broomfield, CO 80021.

    PLEASE DO NOT CALL THE COURT, THE CLERK, OR THE DEFENDANT REGARDING THIS SETTLEMENT.

For More Information

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

mail

Tyus v. General Info. Solutions LLC
c/o JND Legal Administration
PO Box 7118
Broomfield, CO 80021