SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
R. Kemp v. Accurate Background, LLC, No. 30-2021-01188280-CU-OE-CXC
If Accurate Background, LLC’s (“Accurate”) records show that at any time between March 10, 2019 and June 19, 2023, Accurate performed a background check on you for employment in California that contained a criminal conviction where, with respect to the conviction: (1) you were discharged from parole in the seven year period prior to the report date, and (2) your release from incarceration and placement onto parole occurred more than seven years before the date of the report, you are entitled to a payment from this Settlement.
Plaintiff alleged that during the time period March 10, 2019 and June 19, 2023, Accurate miscalculated the seven-year reporting period for criminal convictions by counting from the end date of parole rather than the start date of parole, and that this calculation violated the ICRAA, CCRAA, and UCL. Accurate denies these allegations.
You are part of the Settlement if, based on Accurate’s records, Accurate performed a background check on you for employment in California that contained a criminal conviction where, with respect to the conviction, according to Accurate’s records: (1) you were discharged from parole in the seven year period prior to the report date, and (2) your release from incarceration and placement onto parole occurred more than seven years before the date of the report. If you are not sure about whether you are a member of the Class, you can contact the Settlement Administrator.
You are part of the Settlement if, based on Accurate’s records, Accurate performed a background check on you for employment in California that contained a criminal conviction where, with respect to the conviction, according to Accurate’s records: (1) you were discharged from parole in the seven year period prior to the report date, and (2) your release from incarceration and placement onto parole occurred more than seven years before the date of the report. If you are not sure about whether you are a member of the Class, you can contact the Settlement Administrator.
In order to receive a payment, you do not need to do anything at this time. The Settlement Administrator will mail you a check on or about March 31, 2025. If you choose to exclude yourself, then you will not receive a payment and will not be part of the Settlement.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | |
| DO NOTHING | If you do nothing, you will receive a payment from the Settlement and you will release the claims summarized in Paragraph 8 of the court-authorized Notice. |
| EXCLUDE YOURSELF | If you wish to exclude yourself (“opt out”) from the Settlement, you must follow the directions outlined in Paragraph 9 below. If you request exclusion, you will receive no money from the Settlement, but also will not release any claims against Accurate. Your exclusion request must be postmarked no later than October 29, 2024. |
| OBJECT | If you think the Court should not approve the Settlement for any reason, you may object to the settlement, following the directions outlined in Paragraph 10 below. You must object in writing in order to appear at the Fairness Hearing to speak to the Court about the fairness of the Settlement. Your written Objection must be postmarked no later than October 29, 2024. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.
The Court is currently scheduled to conduct a Final Approval Hearing regarding the proposed Settlement on January 10, 2025, at 9:00 a.m., in the Superior Court for the County of Orange, located at Civil Complex Center, Dept. CX 101, 751 W. Santa Ana Blvd, Santa Ana, CA 92701. You do not need to attend the hearing, but you may attend if you would like at your own expense. You may ask the Court for permission to speak at the Final Approval Hearing.
At this hearing, the Court will consider the fairness, reasonableness, and adequacy of the Settlement. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long the Court’s decision will take. Please also note that the Court can continue the Final Approval Hearing to another date without further notice. Before attending, please confirm the date of the Final Approval Hearing by checking the Court’s website, visiting the Settlement website or contacting Class Counsel.
PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT.