Smith v. Kforce Inc.
Smith v. Kforce Inc. Class Action Settlement
8:19-cv-02068

Frequently Asked Questions

 

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  • A Settlement has been reached in a lawsuit in the United States District Court for the Middle District of Florida. Plaintiffs Maurcus Smith, Alvin Hodge and David Kortright (“Plaintiffs”), sued Kforce Inc. in an action titled Maurcus Smith, on behalf of himself and on behalf of all others similarly situated v. KFORCE INC., Case No. 8-19-CV-02068-CEH-CPT, alleging causes of action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Specifically, the Action alleges that KFORCE violated the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (the “FCRA”), by providing disclosure forms to potential employees for purposes of obtaining consent to obtain pre-employment background checks, that were deficient under the rules as set forth in the FCRA. Defendants, however, contend that their practices and procedures did not violate the FCRA and did not willfully violate the FCRA.

    The “Settlement Class” is defined to include:

    All natural persons residing within the United States and its Territories with respect to whom, within two years prior to the filing of this Action and extending through the resolution of this Action, KFORCE procured or caused to be procured a consumer report for employment purposes based on the disclosure form used for Plaintiffs.

    The Settlement Class does not include any person who executed an arbitration agreement and/or a class action waiver with KFORCE.

  • The Court has appointed lawyers to represent the Class, but you may enter an appearance in the case through an attorney if you want. If you do so, you will have to pay for your own lawyer.

    The attorneys who have been appointed by the Court to represent the Class are:

    Marc R. Edelman
    Morgan & Morgan, P.A.
    201 N. Franklin Street, Floor 7
    Tampa, FL 33602-5157
    813-223-5505

    Subject to the Court’s approval, Defendant does not oppose Class Counsel being compensated one third of the $790,000.00 Settlement Fund for its attorney’s fees and reimbursement from the Settlement Fund for its litigation costs.

  • Unless you exclude yourself from this settlement, you will be considered a member of the Class, which means you give up your right to sue or file a lawsuit against Defendants or their related entities (as further defined as the “Released Parties” in the Stipulation of Settlement, available here) regarding the legal issues that were raised or could have been raised in this case. Giving up your legal claims is called a release. You will be releasing these parties from all claims relating to the procurement of a background check when you applied for a job as further defined as the “Released Claims” in the Stipulation of Settlement, available here.

  • If you wished to be excluded, you must have mailed a written request for exclusion to the Settlement Administrator. The deadline to request exclusion was March 11, 2021 and has passed.

  • The Court held the Fairness Hearing on June 11, 2021. The Court granted final approval of the settlement on June 28, 2021. A copy of the Final Approval Order is available on the Important Documents page.

  • If you did not exclude yourself, you may have objected to the settlement. The deadline to object was March 11, 2021 and has passed.

  • Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don't want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

  • Settlement Awards estimated to be $68.50 will be made to eligible Settlement Class Members who submit timely valid claims. The payment amount may be subject to reduction based on the number of Settlement Class Members that submit claim forms.  To make a claim, a Settlement Class Member must have submitted a valid and timely Claim Form received by the Settlement Administrator no later than March 11, 2021.

  • The Notice is only a summary of the proposed settlement of this lawsuit. Certain pleadings and documents filed in Court, including the Stipulation of Settlement (Settlement Agreement), may be reviewed or copied in the Clerk’s Office or by visiting the Important Documents page. Defendants and their Employees—including your Manager or Supervisor if you currently work for Kforce—should not be approached or contacted with questions regarding the Notice or the lawsuit.

  • Benefits for those who filed valid claims were mailed on July 6, 2021. Please cash or deposit the checks before the void date of October 4, 2021. Checks will not be reissued.

For More Information

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Mail

Smith v. Kforce Inc.
c/o JND Legal Administration
PO Box 91208
Seattle, WA 98111