JONATHAN MARCUM and JACKIE E. LEWIS et al., v. DOLGENCORP, INC. a/k/a DOLGENCORP, LLC, d/b/a DOLLAR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, CIVIL ACTION No. 3:12cv108

This website provides information regarding the proposed settlement of a putative class action lawsuit in the United States District Court for the Eastern District of Virginia entitled Marcum, et al. v. DOLGENCORP, INC. a/k/a Dolgencorp, LLC a/k/a Dolgen, LLC, d/b/a Dollar General, Case No. 3:12cv108. This lawsuit was filed on February 13, 2012, in the United States District Court for the Eastern District of Virginia (Marcum, et al. v. Dolgencorp, Inc. a/k/a Dolgencorp, LLC d/b/a Dollar General, Civil Action No: 3:12cv108).

 

Jonathan Marcum, and Jackie E. Lewis (the “Plaintiffs”) sued Dolgencorp, LLC (“Dollar General” or “Defendant”) alleging that it willfully violated the FCRA, 15 U.S.C. § 1681b(b)(3), because it allegedly failed to provide the notice required by this law prior to denying employment based on a background check to persons to whom a conditional offer of employment was made. Additionally, Plaintiffs allege that Dollar General willfully violated 15 U.S.C. § 1681b(b)(2) of the FCRA because it allegedly did not make a clear and conspicuous disclosure in writing that a consumer report would be obtained for employment purposes, in a document that consisted solely of the disclosure.

 

Dollar General contends that it complied with the FCRA at all times. The Court has never made a determination that Dollar General violated the FCRA. This notice should not be interpreted as an expression of the Court’s opinion on the merits of the lawsuit.

 

 

Current Employees of Dollar General

Click Here To Complete

Consumer Report (Background Check) Disclosure and Authorization

And To Acknowledge Receipt Of

Summary Of Consumer Rights Promulgated By The Consumer Financial Protection Bureau And Appearing As Of February 18, 2014 At 12 C.F.R 1022 Appendix - K.

 

Here is a list of frequently asked questions about the settlement.
To display the answers for reading please click on the question of interest.

  1. What is this notice about?

    1. You may be viewing this website because you received a notice in the mail. This website was created for the benefit of people who are potential members of a Settlement Class in a class action lawsuit called Marcum v. Dolgencorp.

       

      The members of the Settlement Class are all individuals who applied for a job at Dollar General. If you received a notice in the mail, you were identified based upon Dollar General’s records of people who applied for a job at Dollar General. If you are uncertain about whether you are a member of the Settlement Class, you may contact Settlement Administrator by phone at 1-800-873-0592 or by mail at Marcum v. Dolgencorp/Dollar General, C/O Settlement Administrator, P.O. Box 23650, Jacksonville, FL 32241.

       

      The Notices, also called Class Notices, were sent to inform members of the Settlement Class about a proposed settlement of the lawsuit. Class Members have a right to know about all of their options before the Court decides whether to approve the settlement. If the Court approves the settlement, and all objections or appeals relating to the settlement are resolved, the benefits provided for by the settlement will be available to all Class Members.

       

      The Notices and this website explain the lawsuit, the settlement, your legal rights, benefits that are available, who is eligible for them, and how to get them. You can read the entire Settlement Agreement on this website by going to the home page and clicking on the “Settlement Agreement” button. The Notices we sent in the mail and the other information on this website provide only a summary of the settlement.

       

      This case was filed in the United States District Court for the Eastern District of Virginia, and the case is known as Marcum, et al. v. DOLGENCORP, INC. a/k/a Dolgencorp, LLC a/k/a Dolgen, LLC, d/b/a Dollar General, Case No. 3:12cv108. The persons who filed this lawsuit are called the “Plaintiffs,” and DOLGENCORP, INC. a/k/a Dolgencorp, LLC a/k/a Dolgen, LLC, d/b/a Dollar General is the “Defendant.” The Civil Action Number is 3:12cv108. The presiding United States district judge is the Honorable James R. Spencer.

       

  2. What is this lawsuit about?

    1. This class action lawsuit was filed on February 13, 2012. Jonathan Marcum, and Jackie E. Lewis (the “Plaintiffs”) sued Dolgencorp, LLC (“Dollar General” or “Defendant”) alleging that it willfully violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681b(b)(3), because it allegedly failed to provide job applicants who had received a conditional offer of employment an important notice required by law before denying employment based on a background check. Additionally, the Plaintiffs alleged Dollar General willfully violated 15 U.S.C. § 1681b(b)(2) of the FCRA because it allegedly did not make a clear and conspicuous separate written disclosure that a consumer report would be obtained for employment purposes.

       

      Dollar General contends that it complied with the FCRA at all times. The Court has never made a determination that Dollar General violated the FCRA. This notice should not be interpreted as an expression of the Court’s opinion on the merits of the lawsuit.

       

  3. Why is this a class action?

    1. 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 the same. The court protects the class’s interests and assures that the representation is adequate. Class Members are not individually responsible for the costs or fees of class counsel, which are subject to court award.

       

      In this case, the Court decided this lawsuit can be a class action for settlement purposes because it preliminarily meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The Court found that: (1) there are numerous people who fit the class definition; (2) there are legal questions and facts that are common to each person who is a class member; (3) the Plaintiffs claims are typical of the claims of the rest of the Class; (4) the Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Class Members’ interests; (5) the common legal questions and facts are more important than questions that affect only individuals; and (6) this class action will be more efficient than having individual lawsuits.

       

  4. Why is there a settlement?

    1. The Court did not decide this case in favor of the Plaintiffs or the Defendants. Instead, Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendant’s defenses. The parties had lengthy, arms-length negotiations to reach this settlement. The Plaintiffs and Counsel for the Settlement Class believe that the proposed settlement is fair, reasonable, and adequate, and in the best interest of the Class.

      Both sides agree that by settling, the Defendant is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

       

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

    1. There are two classes involved in this case for purposes of settlement, with one of these classes comprised of two groups. You may be a member of one or more of the classes.

      You are a member of the Rule 23(b)(2) Settlement Class if, according to the records of the Defendant or its agents, you were the subject of a background check report used by the Defendant or on the Defendant’s behalf for an employment decision during the period beginning on February 13, 2010 through October 14, 2014.

      You are a member of the Group One Rule 23(b)(3) Settlement Class if, according to the records of the Defendant or its agents, you were the subject of a background check report used by the Defendant or on the Defendant’s behalf for an adverse employment decision with claims accruing between February 13, 2010 and July 1, 2013.

      You are a member of the Group Two Rule 23(b)(3) Settlement Class if, according to the records of the Defendant or its agents, you were the subject of a background check report used by the Defendant or on the Defendant’s behalf for an adverse employment decision with claims accruing between February 13, 2007 and February 12, 2010.

      If you received a notice, the Defendant’s records indicate you are a member of one or more of the Settlement Classes. If you are uncertain about whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 1-800-873-0592 to find out. In all cases, the question of class membership will be determined based on Dollar General’s records.

       

  6. What does the settlement provide?

    1. If you are a member of one or more of the Settlement Classes, you are eligible to receive a benefit under the settlement.

      *******

      Members of the Rule 23(b)(2) Settlement Class will receive injunctive relief, which means that In exchange for dismissal of the lawsuit and the release of the remedy of bringing a lawsuit under 15 U.S.C. § 1681b(b)(2) or state equivalent as a class action or mass action, Dollar General has agreed to an Injunctive Relief and Consent Order requiring certain changes to its FCRA disclosure and practices. A summary of the Injunctive Relief and Consent Order’s proposed provisions follows:

      • For all new consumer reports Dollar General obtains for persons to whom a conditional offer of employment is made, Dollar General will use a new FCRA disclosure form agreed to by the parties. Dollar General will implement this disclosure within thirty (30) days of the effective date of the Injunctive Relief and Consent Order and will continue to use the form until the earlier of any change in the law as to the form, a change in the actual substantive requirements for the form as promulgated by the Federal Trade Commission or the Consumer Financial Protection Bureau, or two years from the date the Court’s approval of the settlement becomes final.

      • Dollar General may modify this form sooner than the periods above with either the consent of Plaintiffs’ counsel, which shall not be unreasonably withheld, or approval of the Court.

      • The new FCRA disclosure form and a statement of rights under the FCRA are available to all Class Members on this website.

       

      Please [Click Here to view FCRA disclosure form and a statement of rights under the FCRA]

       

      The new FCRA disclosure form and a statement of rights under the FCRA will be sent to all Class Members who are still employed by Dollar General. Current employees of Dollar General are requested to [Click Here] in order to sign the new FCRA disclosure.

      Members of Rule 23(b)(2) Settlement Class will not receive a cash distribution unless they are also a member of either Group One Rule 23(b)(3) Settlement Class or Group Two Rule 23(b)(3) Settlement Class.

       

      Members of the Group One Rule 23(b)(3) Settlement Class, who do not opt-out of the Settlement, will receive a cash distribution.

      Group One Class Members will automatically receive a check for approximately $53.00, subject to deduction for certain settlement expenses. A settlement fund has been established, and all cash payments to the Class Members will come from the settlement fund if approved by the court. The fund will also be used to pay administration costs and Court-awarded attorneys’ fees and costs. Subject to Court approval, Plaintiffs’ Counsel will seek attorneys’ fees in an amount not to exceed twenty-five percent (25%) of the settlement fund.

      The settlement also includes an injunction requiring certain changes to Dollar General’s FCRA disclosure forms. A summary of the Injunctive Relief and Consent Order’s proposed provisions follows:

      • For all new consumer reports Dollar General obtains for persons to whom a conditional offer of employment is made, Dollar General will use a new FCRA disclosure form agreed to by the parties. Dollar General will implement this disclosure within thirty (30) days of the effective date of the Injunctive Relief and Consent Order and will continue to use the form until the earlier of any change in the law as to the form, a change in the actual substantive requirements for the form as promulgated by the Federal Trade Commission or the Consumer Financial Protection Bureau, or two years from the date the Court’s approval of the settlement becomes final.

      • Dollar General may modify this form sooner than the periods above with either the consent of Plaintiffs’ counsel, which shall not be unreasonably withheld, or approval of the Court.

      • The new FCRA disclosure form and a statement of rights under the FCRA are available to all Class Members on this website.

       

      Please [Click Here to view FCRA disclosure form and a statement of rights under the FCRA]

       

      Members of the Group Two Rule 23(b)(3) Settlement Class require class members to file a claim form in order to receive a cash distribution. Class members who properly submit a claim and do not opt-out of the Settlement, will receive a cash distribution.

      Group Two Class Members are required to submit a claim form to receive payment, which will be capped at $53.00. A settlement fund has been established, and all cash payments to the Class Members will come from the settlement fund if approved by the court. The fund will also be used to pay administration costs and Court-awarded attorneys’ fees and costs. Subject to Court approval, Plaintiffs’ Counsel will seek attorneys’ fees in an amount not to exceed twenty-five percent (25%) of the settlement fund.

      The settlement also includes an injunction requiring certain changes to Dollar General’s FCRA disclosure form and practices. A summary of the Injunctive Relief and Consent Order’s proposed provisions follows:

      • For all new consumer reports Dollar General obtains for persons to whom a conditional offer of employment is made, Dollar General will use a new FCRA disclosure form agreed to by the parties. Dollar General will implement this disclosure within thirty (30) days of the effective date of the Injunctive Relief and Consent Order and will continue to use the form until the earlier of any change in the law as to the form, a change in the actual substantive requirements for the form as promulgated by the Federal Trade Commission or the Consumer Financial Protection Bureau, or two years from the date the Court’s approval of the settlement becomes final.

      • Dollar General may modify this form sooner than the periods above with either the consent of Plaintiffs’ counsel, which shall not be unreasonably withheld, or approval of the Court.

      • The new FCRA disclosure form and a statement of rights under the FCRA are available to all Class Members on this website.

       

      Please [Click Here to view FCRA disclosure form and a statement of rights under the FCRA]

       

  7. How can I get a benefit?

    1. To receive your settlement payment:

      If you are a member of the Group One Rule 23(b)(3) Settlement Class, you do not have to do anything. Your interest as a member of the Settlement Class will be represented by the Plaintiffs and Counsel for the Class. Unless you request exclusion from the settlement, you will be bound by any judgment arising from the settlement. If the settlement is approved, you will receive a check for your share of the settlement fund. If you would like to update your address, you may do so on this settlement website.

       

      Please [Click Here to update your address]

       

      If you are a member of the Group Two Rule 23(b)(3) Settlement Class, you are required to submit a claim form in order to receive payment. Your interest as a member of the Settlement Class will be represented by the Plaintiffs and Counsel for the Class. Unless you request exclusion from the settlement, you will be bound by any judgment arising from the settlement. If the settlement is approved, you will receive a check for your share of the settlement fund up to $53.00. If you would like to update your address, you may do so on this settlement website.

      Please [Click Here to update your address]

       

      If you are a member of the Group Two Rule 23(b)(3) Settlement Class, please [Click Here for Information on Filing a Claim]

       

  8. When would I get my benefit?

    1. The Court will hold a final Fairness Hearing at 9:30 a.m. on February 26, 2015, in the United States District Court for the Eastern District of Virginia, 701 E. Broad St., Richmond VA 23219, to decide whether to finally 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 approved. Please be patient with this process. Once the Settlement has final, non-appealable approval, cash distributions will be made within 5 days to members of the Group One Rule 23(b)(3) Settlement Class.

       

      Group Two Rule 23(b)(3) Settlement Class payments will be made within 85 days after the Settlement has final, non-appealable approval.

       

  9. What am I giving up to get a benefit?

    1. You are providing a release as part of the settlement. The scope of the release varies based on the settlement class you are in. This release may affect your rights in the future. To view the full terms of the release you should review the Settlement Agreement, which is available on this settlement website.

      Please [Click Here to View the Settlement Agreement]

       

  10. How do I ask to be excluded?

    1. Members of the Rule 23(b)(2) Settlement Class may not opt out of the Rule 23(b)(2) Settlement Class.

      Members of the Group One Rule 23(b)(3) Settlement Class and Members of the Group Two Rule 23(b)(3) Settlement Class may request to be excluded from the Rule 23(b)(3) Settlement Class by sending a written, non-electronic, request for exclusion to:

       

      Exclusion Requests – Marcum v. Dolgencorp/Dollar General

      Settlement Administrator

      P.O. Box 23648

      Jacksonville, FL  32241

       

      The proposed Settlement Class Member’s exclusion (also known as an “opt-out”) request must contain the Class member’s original signature, current postal address and telephone number, the last four digits of the Class member’s Social Security number, and a specific statement that the proposed Settlement Class Member wants to be excluded from the Settlement Class. Opt-out requests must be postmarked no later than February 5, 2015.

      If the request is not postmarked on or before February 5, 2015, your 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 release referenced in Question 9 above.

       

      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 Dollar General you may have.

       

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

    1. No. If you exclude yourself, you are not part of the settlement and you will not receive a check.

       

  12. Do I have a lawyer in this case?

    1. The Court has appointed lawyers to represent the class as a whole. You may enter an appearance in the case through a lawyer, if you want. If you do so, you will have to pay for your own lawyer.

      The lawyers who have been appointed by the Court to represent the class are:

      Leonard A. Bennett, Matthew J. Erausquin, Susan M. Rotkis, Janelle M. Mikac, and Casey S. Nash of Consumer Litigation Associates, P.C., and Christopher Colt North of The Consumer & Employee Rights Law Firm, P.C.

       

  13. How will the lawyers be paid?

    1. Subject to Court approval, Plaintiffs’ Counsel will seek attorneys’ fees in an amount not to exceed twenty-five percent (25%) of the settlement fund. The Named Plaintiffs may also ask the Court for a service award for them up to $10,000.00. These attorneys’ fees, costs, and service award payments will be paid from the settlement fund. If there are funds remaining in the settlement fund after the settlement checks are distributed and the time to cash checks has expired, any remaining funds will be donated to the Virginia Poverty Law Center as a cy pres recipient.

       

  14. How do I tell the Court if I don't like the settlement?

    1. Any Settlement Class Member who does not opt out, but who instead wishes to object to the Settlement may do so by filing with the Court a notice of his or her objections.

      1. each objection and the reason for the objection,

      2. Settlement Class Member’s signed verification of membership in the Settlement Class,

      3. any papers in support of his or her position and

      4. a statement of whether the Settlement Class Member and/or his lawyer(s) intends to appear at the Final Fairness Hearing (Statement of Intention to Appear).

      Complete objections must be served upon Settlement Class Counsel and Defendant’s Counsel. Objections must be filed and served no later than February 5, 2015.

      Any lawyer who intends to appear at the Final Fairness Hearing must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than the date set by the Court in its Preliminary Approval Order and shall include the full caption and case number of each previous class action case in which that counsel has represented an objector.

      If you wish to object you must file any objection with the Clerk of Court at the address below by February 5, 2015.

      United States District Court for the Eastern District of Virginia
      701 E. Broad St.
      Richmond, VA 23219

      Case: Marcum, et al. v. Dolgencorp, Inc. a/k/a Dolgencorp, LLC d/b/a Dollar General, Civil Action No: 3:12cv108

      You must also send your objection by first class mail, postmarked on or before February 5, 2015, to both Class Counsel and Dollar General’s Counsel. These documents should be mailed to Class Counsel at:

      Consumer Litigation Associates PC
      Attn:
      Leonard Anthony Bennett

      763 J Clyde Morris Boulevard, Suite 1A
      Newport News, VA 23601

      and to Dollar General's Counsel at:

      Troutman Sanders LLP
      Attn: John C. Lynch
      222 Central Park Ave
      Suite 2000
      Virginia Beach, VA 23462

       

      Any member of the Settlement Class who does not both file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

       

  15. What's the difference between objecting and excluding?

    1. 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 (or opting out) 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.

       

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

    1. There will be a final Fairness Hearing to consider approval of the proposed settlement at 9:30 a.m. on February 26, 2015, at the United States District Court for the Eastern District of Virginia, 701 E. Broad St. Richmond, VA 23219. The hearing may be postponed to a later date without further notice, but any such postponements will be posted on this Settlement website.

      The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the settlement, whether the Settlement Class is adequately represented by the Plaintiffs and Class Counsel, and whether an order and final judgment should be entered approving the proposed settlement. The Court also will consider Class Counsel’s application for an award of attorneys’ fees and expenses, and the Named Plaintiffs’ compensation.

      You will be represented by Class Counsel at the Fairness Hearing, 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.

       

  17. Do I have to come to the hearing?

    1. No. Class Counsel will represent the Settlement Class at the Fairness Hearing, but you are welcome to come at your own expense. If you file and serve an 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.

       

  18. May I speak at the hearing?

    1. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send with your objection a Statement of Intention to Appear at the hearing as described in Question 14. You will not be allowed to speak at the hearing if you exclude yourself.

       

  19. Are there more details about the settlement?

    1. This website and the Notices are only summaries. For a more detailed statement of the matters involved in the lawsuit or the settlement, you may refer to Settlement Agreement, Other Important Settlement Documents or the papers filed in this case during regular business hours at the office of the Clerk of Court, United States District Court for the Eastern District of Virginia, 701 E. Broad St. Richmond, VA. 23219, Case: Marcum, et al. v. Dolgencorp, Inc. a/k/a Dolgencorp, LLC d/b/a Dollar General, Civil Action No: 3:12cv108.

       

      Please [Click Here to see the Settlement Agreement]

       

      Please [Click Here to see the Other Important Settlement Documents]

       

  20. How do I get more information?

    1. You can view the rest of this website, or contact Settlement Administrator by phone at 1-800-873-0592 or by mail at Marcum v. Dolgencorp/Dollar General, C/O Settlement Administrator, P.O.Box 23650, Jacksonville, FL 32241.

       

      Do not contact the Court for information.