Halvorson v. TalentBin, Inc.

Case No. 3:15-cv-05166-JCS


A proposed settlement has been reached covering all persons who were the subject of a TalentBin, Inc. profile and who, between October 2, 2013, and August 8, 2016, inclusive, (a) requested from TalentBin a copy of the profile about them or (b) were the subject of a profile, containing at least one email address not known to be bad, that was exported to a Recruiter (the "Settlement Class").

The Court has preliminarily approved a class action settlement of these claims which includes an agreement for TalentBin to make certain changes to its business practices and the creation of a common fund of $1,150,000 to be divided among class members who provide the Settlement Administrator with their current mailing address after Court-approved fees and expenses are deducted from the fund.

If it becomes final, the Settlement will release TalentBin from any further liability for the legal claims raised in this lawsuit.

If you are a class member, the parties estimate you will receive between $100 and $500 if you file a claim. However, the final amount you will receive depends on the number of claims filed.

Important Dates

April 10, 2017 - Deadline to Request Exclusion (postmarked if mailed date or received if submitted online)

May 1, 2017 - Deadline to Object (postmarked date)

June 9, 2017 - Deadline to submit Proof of Claim (postmarked if mailed date or received if submitted online)

July 14, 2017 9:30 A.M. - Fairness Hearing


This lawsuit alleges that TalentBin, Inc. (“TalentBin”) was a “consumer reporting agency” preparing “consumer reports” under the Fair Credit Reporting Act (“FCRA”) when it gathered information from various online sources regarding job seekers and then compiled that information into “candidate profiles” for sale to potential employers and recruiters, and that TalentBin violated the FCRA in various ways by not treating the profiles as “consumer reports.”

Several persons about whom TalentBin maintained candidate profiles brought this lawsuit as a class action on behalf of individuals who were the subject of candidate profiles, alleging that the handling of candidate profiles by TalentBin did not comply with the FCRA.

TalentBin denies that it is a “consumer reporting agency” under the FCRA and that candidate profiles are “consumer reports.” TalentBin maintains that it did not do anything wrong and that the FCRA does not apply to TalentBin or its activities.

Your legal rights will be affected by this Settlement whether or not you take any action in response to it. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

OPTION

RESULT

FILE A CLAIM

If you believe your statutory rights have been violated and that you have been harmed, you may file a claim. THE PARTIES ESTIMATE YOU WILL RECEIVE BETWEEN $100 AND $500 IF YOU FILE A CLAIM. HOWEVER, THE TOTAL AMOUNT YOU RECEIVE WILL DEPEND ON THE NUMBER OF CLAIMS FILED AND COULD BE LESS THAN $100. If you do not indicate on the claim form that you believe your statutory rights have been violated and that you were harmed by the export of a TalentBin profile about you, you will not be eligible for a settlement payment. If you file a valid claim, you will receive a check mailed to the address you provide in connection with your claim. The check amount will be your pro rata share of the settlement fund after fees and expenses are deducted. The check amount will depend on the number of people in the class who file valid claims. The check amount will not be greater than $500 unless enforcing that cap amount would result in the cy pres recipient receiving more than 25% of the settlement amount. You will also benefit from the business practices changes to which TalentBin has agreed including: the revised Terms of Use that the potential employer and recruiter customers must abide, the ability for consumers to correct candidate profiles which attribute information to a consumer that is not drawn from that consumer’s social media profiles, system enhancements that improve the recency of information on a consumer’s profile, an enhanced mechanism to assist TalentBin in removing consumers’ profiles from their system, and an enhanced list of terms that TalentBin will exclude from candidate profiles. You give up all claims against TalentBin relating to any FCRA violations TalentBin may have committed to date.

To be valid, Claims must be filed no later than June 9, 2017.

Click here to file a Claim or click here to print a Claim Form.

DO NOTHING

You will benefit from the business practices changes to which TalentBin has agreed including: the revised Terms of Use between TalentBin and its potential employer and recruiter users, enhancing the ability for individuals to correct the candidate profiles about them, system enhancements that improve the recency of information in a TalentBin profile upon request, an enhanced mechanism to assist TalentBin in removing profiles from their system, and an enhanced list of terms that TalentBin will exclude from candidate profiles. You give up all claims against TalentBin relating to any FCRA violations TalentBin may have committed to date.

EXCLUDE YOURSELF

You will get no payment and will have no rights to enforce the business practice changes set forth in the settlement. This is the only option that allows you to be part of any other lawsuit against TalentBin that involves the legal claims in this case.

Click here for more information on how to exclude yourself from the Settlement.

OBJECT OR GO TO A HEARING

Write to the Court about why you don’t like the Settlement or ask to speak in Court about the fairness of the Settlement.

Click here for more information on how to object to the Settlement.


The Notice explains these rights and options and the deadlines to exercise them.

The Court still has to decide whether to grant final approval to this Settlement. If it does, payments will be made after any appeals are resolved. Please be patient.


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