Settlement Information

1. Summary

Plaintiff Kim Rattler (“Plaintiff”) brought a lawsuit (the “Lawsuit”) against Defendants Demandforce, Inc. and MH Sub I, LLC (collectively, “Defendants”) on behalf of herself and other current, former, and prospective applicants for employment with Defendants. The Lawsuit is styled as Kim Rattler v. MH Sub I, LLC, et al., Alameda County Superior Court, Case No. RG20057640. Plaintiff alleges that Defendants violated the Fair Credit Reporting Act (FCRA) by providing employment applicants with disclosure forms that contained extraneous and superfluous information, and that were not clear and conspicuous.

Defendants deny Plaintiff’s allegations in their entirety and contend that the disclosure forms they provided applicants complied with the FCRA’s requirements. The parties also have researched and analyzed the relevant legal and factual issues arising from all of the claims that are alleged in, or could have been alleged in, the Lawsuit. Defendants provided Plaintiffs with sufficient information to allow Plaintiffs to evaluate Defendants’ potential exposure in the Lawsuit.

The parties acknowledge the mutual costs and risks of litigation. The mutual costs and risks of continuing to prosecute and defend the Lawsuit have led the parties to resolve the Lawsuit by way of settlement.

2. Class Definition

The Lawsuit is being settled as a class action. In a class action, a plaintiff or plaintiffs, also referred to as class representative(s), sue on behalf of themselves and other persons with similar claims. The Court certified a class on or about April 25, 2023 (the “Settlement Class”), which it defined as follows:

According to Defendants’ records, you are a member of the Settlement Class and are entitled to an individual settlement award pursuant to the parties’ Settlement Agreement. Any person who previously settled or released all of the claims covered by this settlement, any person who previously was paid or received awards through civil or administrative actions for all of the claims covered by this settlement, and/or any person who excludes him or herself from the Settlement Class pursuant to this Settlement Agreement, shall not be a member of the Settlement Class.

If the Court approves the settlement, the settlement will bind all Settlement Class Members who have not excluded themselves from the Settlement Class. (You will have the opportunity to exclude yourself from the Settlement Class pursuant to the procedure described below.)

3. Settlement Class Representatives and Settlement Class Counsel

The Court has appointed Plaintiff Kim Rattler as the Settlement Class Representative to represent the Settlement Class. The Court appointed the following attorneys to represent the Settlement Class as Settlement Class Counsel:

Shaun Setareh, Esq.
Thomas Segal, Esq.
Farrah Grant, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd, #430
Beverly Hills, California 90212
310-888-7771

4. Settlement Amount

The proposed settlement obligates Defendants to pay a settlement amount (called the “Settlement Proceeds” in the Settlement Agreement) of Sixty Thousand Dollars and No Cents ($60,000.00). The Settlement Proceeds shall be “all inclusive,” including: any damages, penalties, or other relief arising from the alleged FCRA violations committed against the Settlement Class; interest, attorneys’ fees and costs, as approved by the Court; settlement payments; the incentive awards to Plaintiff, as approved by the Court; and all other settlement-related payments and costs, other than the costs of administering the settlement, which Defendants have agreed to pay. Defendants’ sole monetary obligations under this Settlement Agreement shall be the Settlement Proceeds and the costs of administering the settlement.

5. Summary of Your Options

As a member of the Settlement Class, you have the options described below.

1. Do Nothing. If you do nothing, you will remain a member of the Settlement Class, you will be bound by the Settlement Agreement, you will give up the claims that are released by the Settlement Agreement, and you will receive a cash payment. YOU DO NOT NEED TO SUBMIT ANY PAPERWORK TO RECEIVE A CASH PAYMENT.




2. Exclude Yourself from the Settlement Class. You are entitled to exclude yourself from the Settlement Class by submitting a written request to be excluded from (or “opt-out” of) the settlement, which must be post-marked and returned to the Claims Administrator at the address provided below by no later than April 30, 2025 (the “Opt-Out Deadline”). Such written requests for exclusion must contain your (a) name; (b) physical address; (c) phone number; (d) the unique identifier that was included on the Class Notice sent to you; and (e) all further information as requested by the Settlement Administrator.

   Such written requests also must state the following in identical or substantially similar language: “I hereby request to be excluded from the settlement in Kim Rattler v. MH SUB I, LLC; Demandforce, Inc., Case No. RG20057640, and understand that I will not be entitled to receive any proceeds from the settlement.” A request for exclusion must contain your personal and original signature or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, to act on your behalf with respect to a claim or right such as those in the Lawsuit (i.e., conformed, reproduced, facsimile, or other non-original signatures are not valid). Any exclusion requests must be submitted individually and signed by the person to be excluded. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to exclude Settlement Class Members as a group, aggregate, or class involving more than one Settlement Class Member; or (b) exclude more than one Settlement Class Member on a single paper, or as an agent or representative; any such purported exclusion requests shall be void, and the Settlement Class Member(s) that is or are the subject of such purported exclusion shall be treated as a Settlement Class Member and Releasing Person.




3. Object to the Settlement. You may object to the settlement by submitting a written objection to the Claims Administrator no later than April 30, 2025 (the “Objection Deadline”). You can also object by appearing at the Final Approval Hearing. You must timely file your written objection must with the Court and timely serve on Class Counsel and MH Sub I, LLC and Demandforce, Inc.’s Counsel a written statement of objection (an “Objection”) that shall reference the case number (Case No. RG20057640). Each Objection must: (a) state the Settlement Class Member’s full name, current address, and telephone number; (b) contain the Settlement Class Member’s original signature (conformed, reproduced, facsimile, or other non-original signatures will not be valid, nor is the signature of an attorney for the Settlement Class Member sufficient); (d) state that the Settlement Class Member objects to the Settlement, in whole or in part; (e) set forth a statement of the legal and factual basis for the objection; (f) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position; (g) identify by name, address and bar number any attorney who represents the Settlement Class Member with respect to the Objection or who assisted or advised the Settlement Class Member in any way with respect to the Objection; (h) list by case name and civil action number all class action settlements to which the Settlement Class Member or any attorney that meets the description of subsection (g) shall have objected in the last 10 years; and (i) attach a copy of any orders relating to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each case.

   In addition, if the objecting Settlement Class Member is represented by an attorney who intends to seek fees, costs, or expenses from anyone other than the objectors he or she represents, the objection must also include: (i) a description of the attorney’s legal background and prior experience in connection with class action litigation; (ii) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (iii) a statement regarding whether the fees being sought are calculated on the basis of a lodestar, contingency, or other method; (iv) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (v) the attorney’s hourly rate. Any attorney who represents the Settlement Class Member with respect to the Objection or who assisted or advised the Settlement Class Member in any way with respect to the Objection thereby submits to the jurisdiction of the Alameda County Superior Court of the State of California with respect to that Objection.

   Any Objection must be postmarked or deposited with the overnight delivery service or hand delivered by the Objection Deadline, to each of Class Counsel, Defendants’ Counsel (Hunton Andrews Kurth LLP c/o Jason P. Brown, 550 South Hope St., Ste. 200, Los Angeles, CA 90071), and the Clerk of Court (at Clerk of Court, Department 23, Alameda County Superior Court, Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612, with the subject “Re: Rattler Class Action, Case No. RG20057640”). If you object to the settlement, you still will be considered a Settlement Class Member, unless you also submit a valid and timely request for exclusion in the manner described above. Even if you do not submit a written objection, you still may appear at the Final Approval hearing to lodge an objection.

Members of the Settlement Class who fail to submit timely written objections in the manner specified above or to object by appearing at the Final Approval hearing shall be deemed to have waived any objections to the settlement and shall forever be foreclosed from making any objection (whether by appeal or otherwise) to the settlement, or any aspect of the settlement, including, without limitation, the fairness, reasonableness or adequacy of the proposed settlement, or any award of attorneys’ fees or reimbursement of costs.

6. Settlement Administrator

The settlement process will be administered by Simpluris, Inc. (the Settlement Administrator”), a company that provides settlement administration services. The Court has approved CPT Group, Inc. to act as the Claims Administrator for purposes of this settlement. The fees and costs of the Administrator shall be paid by Defendants. The Settlement Administrator can be contacted at the following address:

Rattler v. DemandForce
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

7. Release and Waiver

As of the Effective Date, or at the time that Defendants fully fund the Settlement Proceeds, whichever occurs later, all Settlement Class Members who did not submit a valid request for exclusion release Defendants and any of their affiliates, and their past and present direct and indirect owners, parents, subsidiaries, affiliates, and divisions; the past and present officers, directors, trustees, beneficiaries, members, shareholders, employees, representatives, partners, direct and indirect owners, parents, subsidiaries, affiliates, divisions, joint venturers, consultants, agents, independent contractors, attorneys, and insurers of all of the foregoing; and the predecessors, successors, assigns, and legal representatives of all of the foregoing (collectively, the “Releasees”) from the “Released Claims” as defined below.

For purposes of the Settlement Agreement, the “Released Claims” are defined as: any and all claims, damages, rights, demands, actions, causes of action, suits, debts, liens, contracts, liabilities, agreements, costs, expenses, losses, or remedies of whatever kind or nature, whether foreseen or unforeseen, and whether known or unknown, that were or could have been asserted in the Action including, without limitation, claims based on, arising out of, or related directly or indirectly to any of the allegations, transactions, facts, matters or occurrences referenced in the complaints filed, including without limitation any and all claims (i) under the Fair Credit Reporting Act or any similar state or federal law or any common law doctrine protecting consumer information or privacy (ii) arising from any application for employment or any background check or consumer report obtained by Demandforce, Inc. during the class period. The Released Claims include any right or opportunity to claim, seek, or obtain restitution, disgorgement, injunctive relief, or any other benefit. This release does not include claims for employment discrimination.

8. Attorneys’ Fees and Costs

Settlement Class Counsel have litigated the Lawsuit since March 9, 2022. It is customary for courts to award to class counsel attorneys’ fees based upon a percentage of the maximum settlement amount for the benefit of a class. In this case, Settlement Class Counsel will request an award of $27,000.00 from the Settlement Proceeds to cover their fees, costs, and expenses.

9. Incentive Awards to the Settlement Class Representative

Plaintiff will request the Court to approve incentive award for her in the amount of five thousand dollars and zero cents ($5,000.00) for her work as the named plaintiff in the action. The incentive award payment will be paid from the Settlement Proceeds and is in addition to the payment to Plaintiff of her share of the settlement as a member of the Settlement Class.

10. Calculation of Payments

Each Settlement Class Member who does not submit a timely and valid request for exclusion from the Settlement Class by the Opt-Out Deadline will receive a settlement payment. Assuming 723 Claimants, and assuming all amounts sought for attorney fees and costs are awarded, the settlement payment to each Claimant will be $38.72. You will have 90 days from the date of issuance to cash your settlement check. Any uncashed checks will go to the Legal Aid Foundation of Los Angeles.

11. Final Approval Hearing

A hearing (the “Final Approval Hearing”) has been scheduled on May 15, 2025 at 10:00 a.m. PDT, before the Honorable Michael Markman in Department 23 of the above-captioned court, located at Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, California 94612, at which time the Court will determine: (i) whether the proposed settlement should be approved as fair, reasonable, and adequate to members of the Settlement Class; (ii) whether the application of Settlement Class Counsel for an award of attorneys’ fees and costs should be approved and in what amount; (iii) whether the application for an incentive award for Plaintiffs should be approved and in what amount; (iv) whether the allocation for Settlement Class Members is fair and adequate; and (v) whether a proposed Final Approval Order should be entered. You may also confirm the date and time of the Final Approval Hearing with Class Counsel.

You are not required to attend the Final Approval Hearing.

You are welcome to attend the Final Approval Hearing at your own expense. You may request permission to speak at the Final Approval Hearing. You may hire your own attorney at your own expense to speak at the Final Approval Hearing. If the Court is open to the public, you and/or your attorney may appear at the Final Approval Hearing in person. If you wish to appear at the Final Approval Hearing via videoconference, you must request permission from the Court so that appropriate arrangements can be made.

12. Counsel for the Parties

The service addresses for Settlement Class Counsel and Defendants’ counsel are as follows:

13. Reminder of Important Settlement Dates and Deadlines

The following are important dates and deadlines under the proposed settlement:

• Exclusion Deadline: April 30, 2025




• Deadline to Object to Settlement: April 30, 2025 (by filing written objections; or May 15, 2025 (in person during Final Approval Hearing)




• Deadline Tto Object to Attorneys’ Fees: April 30, 2025 (by filing written objections; or May 15, 2025 (in person during Final Approval Hearing)




• Final Approval Hearing: May 15, 2025, at 10:00 a.m. PDT

14. Availability of the Complete Settlement Agreement

This website and the Notice contain a summary of the proposed settlement contained in the Settlement Agreement that is on file with the Clerk of the Court. The complete Settlement Agreement may be inspected during normal business hours at the offices of the Clerk. If the office of the Clerk of the Court is not open to the public, you may contact the Administrator for more information. Documents about the case, including the Settlement Agreement, the motion for attorneys’ fees/costs, etc. can be found on the Important Documents page and may also be obtained from Class Counsel.

15. Additional Information

For more detailed information concerning the matters involved in the Lawsuit, please refer to the pleadings, the Settlement Agreement, the orders entered in the Lawsuit, and to the other papers filed in the Lawsuit, which may be inspected at the Alameda County Superior Court, Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, California 94612, on dates and at times when the Court is open to the public.

The pleadings and other records in this litigation may be examined online on the Alameda County Superior Court’s website, known as “eCourt Public Portal,” at https://eportal.alameda.courts.ca.gov. After arriving at the website, click the “Search” tab at the top of the page, then select the Document Downloads link, enter the case number and click “Submit.” Images of every document filed in the case may be viewed at a minimal charge. You may also view images of every document filed in the case free of charge by using one of the computer terminal kiosks available at each court location that has a facility for civil filings.

Any questions concerning the matters contained in this website or the Notice may be directed to the Settlement Administrator, whose information is located Contact, or Settlement Class Counsel (at the address set forth in Section 12).

You may also seek the advice and counsel of your own attorney, at your own expense, if you desire.

Do not call or write the Court to obtain copies of documents or to ask questions about the Settlement.