Wills v. Starbucks Corporation
Wills v. Starbucks Settlement
17-cv-03654-CAP-CMS

Frequently Asked Questions

 

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  • A Court authorized the notice because you had the right to know about a settlement of this class action lawsuit and about all of your options before the Court decided whether to give “final approval” to the Settlement. The Court held a fairness hearing on July 15, 2020, and granted final approval the next day, July 16, 2020.  This notice explains the lawsuit, the Settlement, and your legal rights. Judge Charles Pannell of the United States District Court for the Northern District of Georgia, is overseeing this class action. The case is known as Wills v. Starbucks Corporation, No. 1:17-cv-3654-CAP-CMS (the “Lawsuit”).

  • What the Plaintiffs Claimed

    Kevin Wills and Jonathan Santiago Rosario (the “Plaintiffs”) claim that the Defendant violated the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”) in connection with obtaining employment-purpose consumer reports. Specifically, the Plaintiffs contend that the Defendant violated section 1681b(b)(3) of the FCRA by failing to follow all legally required steps to properly notify the subjects of those reports that a report about them had been obtained before notifying them that they were subject to an adverse employment action as a result of the reports. If you received the notice, it is because you are a member of the Settlement Class.

    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 it.

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  • You are a member of the Settlement Class if you fit into this group:

    All persons and entities who, from December 21, 2011, through and including September 19, 2017 applied for employment with Starbucks in the United States who were the subject of a consumer report that was used by Starbucks to take an adverse employment action against such applicant.

    If you fall within this group, you are a Settlement Class Member unless you excluded yourself from the Lawsuit.

  • The Defendant has agreed to make available to all Settlement Class Members cash relief consisting of three tiers.

    The Tier 1 Benefit is the distribution of a $125.00 Starbucks gift card to each Settlement Class Member who does not opt out of the Settlement Class. The gift card shall have no expiration date and shall be freely transferrable. 

    The Tier 2 Benefit is the payment of either (1) a $125.00 Starbucks gift card or (2) a check for $90.00, at the election of a Tier 2 Claimant through the submission of a Tier 2 Claim Form. The deadline to submit a Tier 2 Claim Form was May 26, 2020 and has passed. 

    The Tier 3 Benefit is the payment of a check for $750.00 to a Tier 3 Claimant who has submitted a Tier 3 Claim Form.

     
  • You do not need to do anything to receive the $125 Starbucks gift card Tier 1 Benefit under this settlement. If the Settlement is finally approved, you will automatically receive an email with a voucher code for the gift card unless you have excluded yourself from the Settlement Class.

    The deadline to submit a Tier 2 Claim Form was May 26, 2020 and has passed. 

    To receive a Tier 3 Benefit, you must submit a Tier 3 Claim Form by clicking here. You may also download a copy of the Claim Form from the Important Documents page if you prefer to submit it by mail. 

    Tier 2 and 3 Benefits will be mailed to the address that you provided on your claim form. 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 held a hearing on July 15, 2020 and granted final approval to the Settlement. Although the Court has approved the Settlement, there may still 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. 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 about the legal claims 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 agreed to a “Release of Claims,” outlined in the Settlement Agreement, which describes exactly the legal claims that you give up if you get Settlement benefits.

  • The deadline to exclude yourself from the Settlement was May 18, 2020, and has passed. 

  • No. Unless you excluded yourself, you give 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 from the Settlement was May 18, 2020, and has passed. 

  • In connection with the preliminary approval of the Settlement, the Court appointed James A. Francis, John Soumilas, and David A. Searles of Francis Mailan Soumilas, P.C.; Matthew A. Dooley of O'Toole, McLaughlin, Dooley & Pecora, Co., LPA; and James M. Feagle of Skaar & Feagle, LLP 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. However, these lawyers cannot represent you if you opt out of the case or wish to object to the Settlement.

    If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel asked Court for an award of attorneys’ fees, costs, and expenses incurred in this matter. The Court granted Class Counsel's request in its Order Granting Plaintiffs' Motion for Service Awards, Attorneys' Fees and Litigation Expense Reimbursement

  • The Representative Plaintiffs asked the Court to approve a payment of an amount not to exceed $10,000 each as an individual settlement and service award for their efforts and time expended in prosecuting this case. The Court granted Class Counsel's request in its Order Granting Plaintiffs' Motion for Service Awards, Attorneys' Fees and Litigation Expense Reimbursement

  • The deadline to object to the Settlement was May 18, 2020, and has passed. 

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

  • The Court held hearing to decide whether to approve the Settlement on July 15, 2020 in Courtroom 2307 of the United States District Court for the Northern District of Georgia, 2367 Richard B. Russell Federal Building, 75 Ted Turner Drive SW, Atlanta, GA 30303. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. If there were objections, the Court considered them. The Court listened to anyone who submitted a timely request to speak at the hearing. The Court also considered the amount that Class Counsel and the Plaintiffs will be paid.

    After the hearing, on July 16, 2020, the Court granted final approval to the Settlement and Class Counsel's request for attorneys’ fees, costs, and expenses.

  • You were not required to come to the fairness hearing, which was held on July 15, 2020.

  • The fairness hearing was held on July 15, 2020.To ask the Court for permission to speak at the fairness hearing, your Notice of Intention to Appear must have been received by June 30, 2020.

  • If you have questions about the case, you can call toll free 1-888-670-1167, email info@willsstarbucksclassaction.info, or write to Wills v. Starbucks Settlement, c/o JND Legal Administration, PO Box 91209, Seattle, WA 98111.

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

For More Information

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Mail

Wills v. Starbucks Settlement
c/o JND Legal Administration
PO Box 91209
Seattle, WA 98111