Bulgajewski v RTG Furniture Corp. dba Rooms to Go

Bulgajewski v RTG Furniture Corp. dba Rooms to Go Settlement Website

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION

A state court authorized this Notice and Website

A proposed class action Settlement has been reached in this lawsuit. In this lawsuit, a job applicant (the “Class Representative”) alleged that R.T.G. Furniture Corp., its affiliates and related entities (the companies that are parties to this Settlement are listed below and collectively referred to as “RTG” herein) procured background checks on applicants without providing them a stand-alone disclosure document in violation of 15 U.S.C. 1681b(b)(2)(A)(i)-(ii) of the Fair Credit Reporting Act (“FCRA”). For that reason, it is alleged that the background checks were not properly authorized.  RTG denies these allegations, and the Court has not ruled for either side. Instead, the parties have agreed to settle the lawsuit to avoid the expense, disruption and delay of further litigation.

If you received a postcard notice addressed to you regarding a proposed Settlement in this lawsuit, and records show that you applied for a position at RTG between August 16, 2015 and January 31, 2018, then you are a member of the class whose rights and options may be affected by this Settlement. The class is referred to as the “Settlement Class” and the members referred to as “Settlement Class Members.”

The purpose of this Notice and website is to inform you of this lawsuit, the proposed Settlement and your rights and options, and to alert you that the Court will hold a Fairness Hearing to consider this Settlement and related matters on January 28, 2019, at 10:00 a.m. at the George E. Edgecomb Courthouse, 800 E. Twiggs Street, Courtroom 503, Tampa, Florida 33602. The Court may reschedule the Fairness Hearing and related deadlines without further written notice other than as posted on this website. If the Court alters any of those dates or times, the revised dates and times shall be posted on this website.

Your rights and options are summarized in the chart below. For more information, please see the remainder of this Notice, which is organized by the topics listed in the table of contents. Your rights are affected whether you act or do not act.

YOUR KEY LEGAL RIGHTS AND OPTIONS

SUBMIT A CLAIM BY

FEBRUARY 27, 2019

If you submit a timely and valid claim, and the Settlement is approved and becomes final, you will receive $55.00. You must submit a Claim Form through the Settlement website by February 27, 2019. Submitting a Claim Form through the Settlement website is the only way to receive a benefit from the Settlement. If you do not submit a Claim Form, you will not receive any money.

ASK TO BE EXCLUDED BY

JANUARY 8, 2019

If you ask to be excluded from the Settlement and follow the required procedures, then you will not receive any benefit from this Settlement. However, you will maintain the right to bring a lawsuit at your expense for legal claims that were or could have been brought in this lawsuit. The procedures required to exclude yourself are listed in the "Frequently Asked Questions" section of this website.

OBJECT BY

JANUARY 8, 2019

You may write to the Court explaining why you dislike any part of the Settlement, including the proposed award of fees and expenses to the attorneys representing the Settlement Class. In order to object, you must remain a member of the Settlement Class, which means that you cannot ask to be excluded. The procedures required to object are listed in the "Frequently Asked Questions" section of this website.

DO NOTHING

If you do nothing, you will remain a member of the Settlement Class and release the legal claims described in this Notice, including all claims relating to whether, between August 16, 2015 and January 31, 2018, RTG procured consumer reports on job applicants without making lawful disclosures and without proper authorization pursuant to the FCRA. You will give up any rights to sue RTG for claims that were or could have been brought in this lawsuit, but you will not release or give up any claims you may have under 15 U.S.C. § 1681b(b)(3) of the Fair Credit Reporting Act, requiring individuals subject to an adverse employment action, based in whole or in part on their consumer report, be provided a copy of the consumer report and a summary of their rights under the FCRA. If you do not submit a Claim Form, you also will not receive any money.