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

Frequently Asked Questions

 

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  • This lawsuit is pending 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 wish to be excluded, you must mail a written request for exclusion to the Settlement Administrator at:

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

    Your request for exclusion must be in writing and postmarked on or before March 11, 2021. The request must state: “I do not want to be part of the Class in 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.” The request should be signed, with your name, address, and telephone number printed below your signature. The address you use should be the address to which this notice was mailed, so that you can be properly identified. However, if you have a new address, please inform us of the new address so we can make the change in the Class List.

  • The Court will hold a Fairness Hearing on June 11, 2021, at 11:00 a.m. The hearing will be held in the United States Federal Courthouse for the Middle District of Florida, Tampa Division. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will hear objections to the settlement, if any. We do not know how long the Court will take to make its decision. In addition, the hearing may be continued at any time by the Court without further notice to you.

  • If you do not exclude yourself, you may object to the settlement. If the Settlement is approved, you will not be able to sue the Released Parties for the Released Claims as defined by the Stipulation of Settlement, available here, such as for claims relating to an employment background check when you applied for a position with Kforce Inc. or its related entities.

    Any Settlement Class Member may appear at the Fairness Hearing to object to the proposed Settlement and/or to the application of Class Counsel for an award of attorneys’ fees and costs but only if the Settlement Class Member has first filed a written objection with the Clerk of Court, in accordance with the requirements set forth below by March 11, 2021. Any Settlement Class Member who does not provide a written objection in the manner described below shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement or the award of any attorneys’ fees and costs. You can remain in the Settlement Class but file written objections to the Settlement. The Court will consider the objections in deciding whether to approve the Settlement.

    To be heard at the Fairness Hearing, the Settlement Class Member must make any objection in writing and file it with the Court by March 11, 2021. The objection must also be mailed to each of the following, postmarked no later than March 11, 2021: (a) Class Counsel - Marc Edelman, Morgan & Morgan, 201 N. Franklin Street, Suite 700, Tampa, Florida 33602 and (b) Kforce’s Counsel – Jennifer Monrose Moore, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 100 N. Tampa Street, Suite 3600, Tampa, Florida 33602.

    An objection must: (a) attach documentation establishing, or provide information sufficient to allow Parties to confirm, that the objector is a Settlement Class Member; (b) include a statement of such Settlement Class Member’s specific objections; (c) state the grounds for objection, including that the objection is objecting to the Settlement, as well as identify any documents which such objector desires the Court to consider; and (d) if the Settlement Class Member is represented by an attorney, list all other cases in which the Class Member has filed an objection.

  • 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 submit 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.

For More Information

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Mail

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