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Commonly Asked Questions

What is the lawsuit about?


Plaintiff alleges that Frito-Lay failed to comply with the FCRA by failing to provide pre-adverse action notice before taking an adverse action in whole or in part on the basis of information disclosed in consumer reports.
Frito-Lay disputes Plaintiff’s allegations and denies all liability to Plaintiff and the Settlement Class. In the lawsuit, Frito-Lay has denied Plaintiff’s allegations and has raised a number of defenses to the claims asserted.
No court has found Frito-Lay to have violated the law in any way. No court has found that the Plaintiff could recover any certain amount in this litigation. The parties resolved their dispute by settlement subject to the Court’s approval.
Although the Court has authorized notice to be given of the proposed settlement, this notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit.

Why is this case a class action?


Class actions are lawsuits in which the claims and rights of many people are decided in a single proceeding. In a class action, representative plaintiffs (“Class Representatives”) seek to assert claims on behalf of all members of a class or classes of similarly situated people. In a class action, people with similar claims are treated alike. The court is guardian of the class’s interests and supervises the prosecution of the class claims by counsel for the classes to assure that the representation is adequate. Class members are not individually responsible for the costs or fees of counsel, which are subject to court award.

Why is there a settlement?


The Court did not decide this case in favor of the Plaintiff or in favor of Frito-Lay. Instead, Counsel for the Settlement Class and Counsel for Frito-Lay investigated the facts and applicable law regarding the Plaintiff’s claims and Frito-Lay’s defenses. The parties engaged in lengthy and arms’-length negotiations to reach this settlement. Plaintiff, Counsel for the Settlement Class, Frito-Lay, and its Counsel, believe that the proposed settlement is fair, reasonable, and adequate and in the best interests of the Class.
Both sides agree that, by settling, Frito-Lay is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

How do I know if I am part of the settlement?


You are a part of the settlement if you reside in the United States and were the subject of a consumer report obtained by Frito-Lay, Inc. for employment between December 20, 2011, and February 28, 2014, and (1) for whom a disposition of “Background Check Review – Fail” or “Criminal Background Fail” was entered in Frito-Lay, Inc.’s applicant tracking system; and/or (2) whose report was updated following a dispute with Frito-Lay’s background check vendor; and/or (3) whose applicant file includes a letter or letters sent to the applicant on the basis of the applicant’s failure of a pre-employment background check.
According to Frito-Lay and its third-party vendors’ records, you may be a member of the Settlement Class. If you are not certain as to whether you are a member of the Settlement Class, you may contact the Settlement Administrator to find out. They can be reached at 888-526-6869. The question of class membership will be determined based on these records and Plaintiff and Frito-Lay’s investigation.

What does the settlement provide?


If you are a member of the Settlement Class, you may receive monetary benefits under the settlement, estimated to be approximately $200.00(Two Hundred Dollars and No Cents).

Through this settlement, Frito-Lay will contribute$950,000.00 to a settlement fund. This fund will be subject to deductions for attorney’s fees and costs, as well as a service award to the Class Representative identified below and the cost of administering this settlement,in amounts to be determined by the Court. After these deductions, the fund is to be distributed by dividing it equally among all the people in the Settlement Class. The amount you ultimately receive will vary depending on the amount of attorneys’ fees and expenses awarded.

There may also be a second distribution of all uncashed checks if a sufficiently large number of people do not cash their checks within sixty (60) days of the mailing.

How can I get a benefit?


If you are a claimant there is nothing for you to do to qualify for and receive benefits. If you do not opt out and the settlement is approved, the Settlement Administrator will send you a check for any monies that you are entitled to under the settlement, and you will be bound by any judgment arising from the settlement.
Your interest as a member of the Settlement Class will be represented by the Plaintiff and Counsel for the Settlement Class.
If you change your address, you must mail a notification of your new address to the Settlement Administrator.

When would I get my benefit?


The Court will hold a Fairness Hearing on December 8, 2016 at 2 pm to decide whether to approve the settlement. If the settlement is approved, there may be appeals. Payments to members of the Settlement Class will be made only if the settlement is finally approved. This may take some time, so please be patient.

What am I giving up to get a benefit or stay in the class?


Upon the Court’s approval of the settlement, all members of the Settlement Class who have not timely and properly opted out of the Settlement Class (as well as their spouses, heirs, and others who may possess rights on their behalf), will fully release Frito-Lay and its corporate affiliates as follows:
a) any and all claims, demands, rights, liabilities, and causes of action of every nature and description whatsoever, known or unknown, asserted or that might have been asserted,
b) whether in tort, contract, or for violation of any state constitution, statute, rule or regulation, and
c) whether for economic damages, non-economic damages, restitution, penalties or liquidated damages, arising out of, relating to, or in connection with all causes of action pleaded or that could have been pleaded based upon the facts asserted in the Action, including but not limited to: (a) failure to comply with FCRA; (b) claims for statutory or actual damages; (c) claims for interest, costs, or fees; (d) claims for liquidated damages or punitive damages; or (e) any other amounts associated with any claims based on causes of action pleaded or that could have been pleaded based upon the facts asserted in the Action at any time through the close of the Class Period (whether based on law, contract, or otherwise).

This release may affect your rights, and may carry obligations, in the future. To view the full terms of this release, which are contained in the Settlement Agreement, please visit the Settlement Documents Page.

How do I get out of the settlement?


If you choose to be excluded from the settlement, you will not be bound by any judgment or other final disposition of the lawsuit. You will retain any claims against Frito-Lay you might have. To request exclusion, you must state in writing your desire to be excluded or “opt out” from the Settlement Class. The written request for exclusion must contain the name, address, telephone number and last four digits of Social Security number of the person requesting exclusion. Your request for exclusion must be sent by first class mail, postmarked on or before October 17, 2016, addressed to:
Roe v. Frito-Lay, Inc.
PO BOX 2526
FARIBAULT, MN 55021-9526

If the request is not postmarked on or before October 17, 2016, your request for exclusion will be invalid, and you will be bound by the terms of the settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims which arise out of or relate in any way to the claims in the case as specified in the question "When would I get my benefit?" above.

If I don’t exclude myself, can I sue Frito-Lay for the same thing later?


No. Unless you exclude yourself, you give up any right to sue Frito-Lay for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If I exclude myself, can I get benefits from this settlement?


No. If you exclude yourself, you are not part of the settlement.

Do I have a lawyer in this case?


The Court has appointed Girardi Keese as Counsel for the Settlement Class:
V. Andre Sherman
Girardi Keese
1126 Wilshire Blvd.
Los Angeles, CA 90017
Additional counsel for the Settlement Class are the firms of The DHF Law, P.C. and A New Way of Life Reentry Project. Counsel for the Settlement Class represent the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

How will the lawyers and class representatives be paid?


Counsel for the Settlement Class intend to apply to the Court for an award of attorneys’ fees, in an amount not to exceed thirty-three and one-third percent (33 1/3%) of the settlement fund, and documented, customary out-of-pocket expenses incurred during the case. The Court may award less. The Court has appointed Named Plaintiff, Jane Roe, as Class Representative. Counsel for the Settlement Class also will seek compensation for the Named Plaintiff in an amount not to exceed $10,000. In both cases, these amounts will be paid directly out of the settlement fund.

Counsel for the Settlement Class will file a motion for attorneys’ fees and costs on or before November 4, 2016. The motion will be filed on the settlement website at As a Settlement Class member, you have twenty (20) days, or until November 24, 2016, to file an objection to the motion for attorneys’ fees and costs as described in the question "How will the lawyers and class representatives be paid?" above.

How do I tell the Court that I don’t like the settlement?


You can ask the Court to deny approval of the settlement by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
You may object to the proposed settlement in writing by filing an objection by October 17, 2016. Even if you object, you will not be entitled to be heard at the final settlement hearing unless you have submitted written notice of your intention to appear by the opt-out deadline. You may appear at the Final Fairness Hearing, either in person, or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Roe v. Frito-Lay, Inc., Case No. 3.14-cv-0075 l-HSG), (b) be submitted to the Court through the Settlement Administrator by mailing them to Rust Consulting PO Box 2526 Faribault, MN 55021-9526, (c) be postmarked on or before October 17, 2016, and (d) be served on both Class Counsel and Frito-Lay’s counsel.
Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

What’s the difference between objecting and excluding?


Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the settlement.
Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you have no basis to object because the lawsuit no longer affects you.

Where and when will the Court decide whether to approve the settlement?


There will be a Fairness Hearing to consider approval of the proposed settlement on December 8, 2016, beginning at 2pm, at the United States District Court for the Northern District of California, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102. The hearing may be postponed to a later date without further notice; class members should check the Settlement Website regularly for any changes to this date. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of settlement; whether the Settlement Class is adequately represented by the Class Representatives and Counsel for the Settlement Class; and whether an order and final judgment should be entered approving the proposed settlement. The Court also will consider Settlement Class Counsel’s application for an award of attorneys’ fees and expenses and Class Representative’s compensation.
You will be represented at the Fairness Hearing by Counsel for the Settlement Class, unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.

Do I need to come to the hearing?


No. Counsel for the Settlement Class will represent the Settlement Class at the Fairness Hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, if you wish.

May I speak at the hearing?


You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send with your objection a notice of intention to appear at the hearing as

described in question "How do I tell the Court that I don't like the settlement?" above

. You cannot speak at the hearing if you excluded yourself.

Are there more details about the settlement?


For a more detailed statement of the matters involved in the lawsuit or the settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of the Court, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, File: Roe v. Frito-Lay, Inc., Case No. 3:14-cv-00751-HSG. The full Settlement Agreement and certain pleadings filed in the case are available at or can be requested, in writing, from the Settlement Administrator,

identified in the question "How do I get out of the settlement?"  above.

How do I get more information?


You can contact the Settlement Administrator by phone at 888-526-6869 or the lawyers representing the Settlement Class 

identified in the question "Do I have a lawyer in the case?" above. Please do not contact the Court for information.


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