FERNANDEZ FORESTAL v. SH GROUP OPERATIONS, LLC, and STERLING INFOSYSTEMS, INC Settlement

A Court authorized this notice to inform you about the proposed Settlement and your rights.  Before any final judgment is entered, the Court will have a hearing to decide whether to approve the Settlement.  This notice is only a summary of the Settlement. More details about the proposed Settlement are in the Settlement Agreement available at Important Court Documents page .

The lawsuit is known as Fernandez Forestal v SH Group Operations, LLC and Sterling Infosystems, Inc., Case No.: 23-ca-013634 (In the Circuit Court of the Thirteenth District, in and For Hillsborough County, Florida).  Judge Helene Daniel is overseeing the case.  The person who sued is called “Plaintiff” or “Named Plaintiff.” The companies that they sued are the “Defendants.”

The lawsuit claims that SH Group and Sterling violated the Fair Credit Reporting Act, 15 U.S.C. § 1681a-x (“FCRA”) when: (1) Sterling allegedly furnished consumer reports to Kiosite, LLC for employment purposes without complying with the FCRA’s specific requirements, and (2) SH Group used some of those reports without complying with the FCRA’s requirements for using consumer reports for employment purposes.

The Court did not decide whether either side was right or wrong.  Defendants denied all allegations, claims, and charges of wrongdoing or liability.  If the case proceeded, Defendants intended to vigorously defend against the claims asserted in the lawsuit.  Instead, the parties agreed to the Settlement to resolve the case and avoid further fees and expenses.

A class action lawsuit tries to bring similar claims into one case in one court.  In a class action, one or more people called “Class Representatives” (in this case, Fernandez Forestal) brought the case to court.  His name is listed in the title of the case. He sued on behalf of himself and other people who have similar claims — called the Class or Class Members — which in this case may include you.  One court resolves the issues for everyone in the Class.  The Class Representative filed this case as a proposed class action. 

The Court has not decided which side is right or wrong in this case.  Instead, both sides agreed to a settlement to avoid the costs and risks of a lengthy trial and appeals process.  Class Members will receive the benefits described in this notice.  Class counsel thinks the proposed Settlement is best for all Class Members.

The Court has decided that the following consumers are in the Settlement Class and SH Group Subclass:

1. The Settlement Class is defined generally as “All individuals in the United States who were the subject of a consumer report furnished by Sterling to Kiosite, LLC between December 9, 2019, and November 6, 2022, and certain individuals in the United States who were the subject of a consumer report furnished by Sterling to Kiosite, LLC between 2016 and 2019 concerning SH Group job applicants, excluding any employees, officers, or directors of the Sterling, any attorney appearing in this case, and any judge assigned to hear this action, together with their immediate family members and any persons employed by him or her.”

2. The SH Group Subclass is defined generally as “The SH Group Subclass is defined generally as “All individuals in the Settlement Class who were the subject of a consumer report procured by SH Group from Kiosite, LLC for employment purposes between 2016 and 2019, excluding any employees, officers, or directors of the SH Group, any attorney appearing in this case, and any judge assigned to hear this action, together with their immediate family members and any persons employed by him or her.”

The complete criteria for who is included can be found in the Settlement Agreement, available at Important Court Documents Page.

Defendants have agreed to establish a Settlement Class Fund in the amount of $630,000.00.  Payments of at least $100.00 will be made by check to each Settlement Class Member who is eligible for a payment (see Question 8). Payments of at least $200.00 will be made by check to each Settlement Class Member who is also a member of the SH Group Subclass.

Settlement Class Members will only qualify to get a payment if they remain in the Class. 

The check will be mailed to the address on your Class Notice.  If your address has changed or is changing, you should contact the Settlement Administrator at Forestal v SH Group Operations and Sterling Infosystems, Inc.  c/o Settlement Administrator, PO Box: 23680, Jacksonville, FL 32241.

 Payments will be made to Settlement Class Members after the Court grants “final approval” to the Settlement and any appeals are resolved.  It is always uncertain whether any appeals can be resolved and resolving them can take time.  Please be patient.  You can visit www.ForestalClassAction.com after May 22, 2024 to check on the progress of the Court-approval process.

If the Court approves the Settlement, you will receive a monetary payment if you are a member of the Class.  As part of the monetary payment, you will give up any possible legal remedy against SH Group and Sterling for any claims that are released in the lawsuit. 

The Court’s decisions in this case will apply to you even if you object to this Settlement or have any other claim, lawsuit, or proceeding pending against SH Group and/or Sterling relating to covered claims.  If you have any questions about the release, you should visit the Settlement website for more information or consult with a lawyer (see Question 12).

 “Released Claims” is defined in the Settlement Agreement and generally means any claims that were or could have been brought in the lawsuit under the FCRA or similar state laws. 

Yes, you may exclude yourself from the Settlement Class.  If you do not want to remain a member of the Settlement Class and want to keep any rights you may have against SH Group or Sterling, you must take steps to exclude yourself.  This is sometimes referred to as “opting out” of the Settlement Class.  Opting out gives you the right to bring your own lawsuit but does not guarantee that your own lawsuit will be successful.

If you opt out of the lawsuit, you will not receive any of the monetary benefits that will be received by the Settlement Class. 

To exclude yourself from the Settlement Class, you must send a written request for exclusion to the Settlement Administrator, at the address below:

Forestal v SH Group Operations
c/o Settlement Administrator
PO Box: 23680, Jacksonville, FL 32241

To be valid, the proposed exclusion request must contain:

• Your full name, original signature, current postal address, last four digits of your Social Security Number, and current telephone number, and
• A statement that you want to be excluded from the Rule 1.220 Settlement Class in Fernandez Forestal v SH Group Operations and Sterling Infosystems, Inc.

Your exclusion request must be postmarked no later than May 20, 2024.

You cannot exclude yourself by telephone.  You also cannot exclude yourself by mailing a request to any location other than the address specified above or by mailing a request after the deadline.  You also cannot exclude yourself as part of a group, aggregate, or class involving more than one consumer.

No.  If you exclude yourself from the Settlement Class, you will not receive a cash payment.

Yes.  The Court approved the following lawyer as “Class Counsel” to represent you and other Settlement Class Members:

• Marc R. Edelman, Esq., Morgan & Morgan, P.A.

You will not be charged for this attorney.  You may hire your own attorney, if you so choose, but you will be responsible for paying your attorney’s fees and expenses.

You may contact the attorney representing you for further information or assistance at: (813) 577-4722 or write to: Morgan & Morgan, P.A. 201 North Franklin Street, 7^th Floor, Tampa, FL 33602.

Class Counsel will ask the Court to approve attorneys’ fees in an amount up to 33.33% of the Settlement Class Fund, and for reimbursement of all expenses incurred in the litigation.  Additionally, Class Counsel will ask that additional compensation be provided to the Class Representative as consideration for relinquishing additional claims against Defendants and foregoing future employment opportunities.  The cost of notice and administration of the Settlement will also be deducted from the Settlement Fund.  Amounts approved by the Court will be paid out of the Settlement Class Fund.

If you are a Class Member, you can object to this Settlement if you do not like any part of it.  You can give reasons why you think the Court should not approve it.  The Court will consider your views before deciding whether to approve this Settlement.

You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, the lawsuit will continue. If that is what you want to happen, you should object.

Any objection to the proposed Settlement must be in writing, but the Court may excuse this requirement if you show good cause for not submitting a written objection. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Fernandez Forestal v. SH Group Operations, LLC and Sterling Infosystems, Inc. Case No.23-ca-013634, in the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida), (b) be submitted to the Court either by filing them electronically or in person at the Hillsborough County Courthouse, or by mailing them to the Clerk of the Courts, 800 East Twiggs Street, Tampa, Florida 33602, and (c) be filed or postmarked on or before May 20, 2024.

Your objection letter must include:

• Your name, address, email address, and telephone number.

• The name of the case and the case number: Fernandez Forestal v SH Group Operations, LLC and Sterling Infosystems, Inc, Case No.: 23-cv-013634, Hillsborough Circuit Court, Florida); and

• A written statement about why you object to the Settlement.

Objecting is simply telling the Court that you do not like something about the Settlement.  Opting out, or excluding yourself, means that you will not be included in the Settlement. 

You can object or opt-out of the Settlement Class but you cannot do both. If you exclude yourself, you have no basis to object to the Settlement because it will no longer affect you.  However, if you do not exclude yourself from the Settlement Class, you can still object to the Settlement as a Class Member. 

Go to Important Documents  to learn more about your rights in the Settlement.

The Court will hold a Final Approval Hearing to decide whether to approve the proposed Settlement.  You may attend and you may ask to speak at the hearing, but you do not have to.

The hearing will be on May 22, 2024, at 11:00 AM Judge Helene Daniel, Courtroom 502, Hillsborough County Courthouse, 800 East Twiggs Street, Tampa, FL 33602.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate.  The Court will consider all timely and proper objections.  The Court will listen to people who have asked for permission to speak at the hearing (see Question 18).

After the hearing, the Court will decide whether to approve the proposed Settlement.  There may be appeals.  We do not know how long these decisions will take.

The Court may change the date of the Final Approval Hearing without further notice to the Class. Please check the website, Key Dates for updates on the hearing date, the Court-approval process, and the Effective Date.

No.  Class Counsel will answer any questions the Court may have.  However, you are welcome to come to the hearing at your own expense.  You may also pay your own lawyer to attend, but it is not necessary.

If you send an objection, you do not have to come to Court to talk about it.  As long as you filed your written objection on time and it includes the required information, the Court will consider it.

You or your lawyer may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must tell the Court in your objection letter that you or your lawyer would like to speak at the hearing.  You must also follow the process outlined in Question 14.  You cannot speak at the hearing if you do not follow this procedure.

If you do nothing, you will receive a cash payment if you are eligible for one.  If the Court approves the proposed Settlement, you will be bound by the Court’s final judgment and the released claims explained in the Settlement Agreement. 

This notice is only a summary of the Settlement.  More details about this Settlement, including the dates when appeals are no longer allowed, when the Settlement is final, important deadlines, and your options are available in the Settlement Agreement.

You can get a copy of the entire Settlement Agreement by visiting ForestalClassAction.com.  The website also provides answers to commonly asked questions, plus other information, to help you determine whether you are a Class Member.  In addition, some of the key documents in the case will be posted on the website.

You also may write with questions to the Settlement Administrator at Forestal v SH Group Operations. c/o Settlement Administrator, PO Box: 23680, Jacksonville, FL 32241.  You may also email at [email protected].  You may also call the toll-free number, (800-290-3037).