Upon the Effective Date of the Settlement, Plaintiff and each member of the Settlement Class shall be deemed to have fully, finally, and forever released the Releasees from all Released Claims through the date of the Preliminary Approval Order. “Settlement Class” shall mean all Class Members who did not timely send a signed valid Opt-Out Request that is received by the Settlement Administrator. “Releasees” shall mean Defendants and each of their respective past or present direct and/or indirect, officers, directors, owners, managers, employees, agents, representatives, attorneys, insurers, partners, investors, shareholders, members, trustees, fiduciaries, administrators, parent companies, subsidiaries, affiliates, divisions, predecessors, successors, and/or assigns, in their personal, individual, official, and/or corporate capacities. “Released Claims” as to each member of the Settlement Class shall mean any and all claims that were pled or could have been pled based on the factual allegations contained in the Complaint and/or FAC and covers the period from November 9, 2016 through the Preliminary Approval Date including, without limitation, any claims, actions, causes of action, demands, damages, losses, or remedies, whether based upon federal, state, or local statutes or federal, state, or local common law, relating to, based upon, resulting from, or arising out of the alleged violations of the Fair Credit Reporting Act, including but not limited to 15 U.S.C. § 1681b(b)(2)(A), (d)(a)(1), and/or (g)(c), Investigative Consumer Reporting Agencies Act (California Civil Code §§ 1786 et seq.), Consumer Credit Reporting Agencies Act (California Civil Code §§ 1785 et seq.), California Business & Professions Code §§ 17200, et seq., and/or any other federal, state or local law governing the procurement or use of background/credit checks, including laws regarding background check disclosures and authorizations and pre-adverse and adverse action notices, other penalties, related tort, contract, and punitive damages claims, claims for interest, attorneys’ fees, litigation and other costs, expenses, restitution, and equitable and declaratory relief.
Plaintiff and each Settlement Class Member also are waiving and releasing any and all claims under FCRA and any similar state or local claims, including those regarding an allegedly inadequate or otherwise improper disclosure about the procurement or use of consumer reports and/or background checks for employment purposes or pre-adverse and adverse action notices.