You may be eligible to receive money from a class action lawsuit entitled Sindy Mayorga v. Carter’s, Inc., et al., No. 22STCV02309 (“Action”), which claims that Carter’s, Inc., Carter’s Retail, Inc., The William Carter Company, and Oshkosh B’Gosh (collectively, “Carter’s”) violated the Fair Credit Reporting Act (“FCRA”). You received this notice because you are a class member/s which is defined as all persons residing in the United States of America (including its territories and Puerto Rico) who applied for employment with Defendant (Carter’s), and for whom a background check was performed, from January 20, 2020 through April 29, 2022. The Class Period is the period from January 20, 2020 through April 29, 2022.
The Action was filed by Plaintiff Sindy Mayorga, who alleges claims on behalf of a settlement class (the “Class”) asserting that Carter’s willfully violated the FCRA by failing to provide legally compliant disclosure and authorization forms in connection with a background screening report (the “Claims”). Carter’s denies Plaintiff’s allegations and denies that it is liable to
The proposed Settlement is a Class Settlement requiring Carter’s to fund individual payments to the Class.
The Court has already preliminarily approved the proposed Settlement and approved this Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read this Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiff and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Carter’s to make payments under the Settlement and requires the Class to give up their rights to assert certain claims against Carter’s.
You have two basic options under the Settlement:
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
You Don’t Have to Do Anything to Participate in the Settlement | You are not required to take any action to receive the benefits of the proposed settlement. If the proposed settlement is finally approved and you do nothing, you will be eligible for an individual payment. In exchange, you will give up your right to assert certain Claims against Carter’s that are covered by this Settlement (Released Claims). |
You Can Opt-Out of the Class Settlement | If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will no longer eligible for an individual payment and you cannot object to any portion of the proposed Settlement. See FAQ6. The Opt-Out Deadline is June 13, 2024. |
You Can Object to the Class Settlement | All Class Members who do not opt-out can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiff who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiff, but every dollar paid to Class Counsel and Plaintiff reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiff if you think they are unreasonable. See FAQ7. The Opt-Out Deadline is June 13, 2024. |
You Can Participate in the Final Approval Hearing | The Court’s Final Approval Hearing is scheduled to take place on August 13, 2024 at 9:00 a.m. You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See FAQ8. |
Upcoming Important Dates
Deadline to Object to the Settlement
6/13/2024
Deadline to Opt-Out of the Settlement
6/13/2024
Final Approval/Fairness Hearing
8/13/2024 @ 9:00 a.m.