NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
DAVID K. HELWIG, on behalf of himself and all others similarly situated
v.
CONCENTRIX CORPORATION
United States District Court, Northern District of Ohio, Case No. 1:20-cv-920
YOU ARE RECEIVING THIS NOTICE BECAUSE CONCETRIX CORPORATION USED A CONSUMER REPORT TO MAKE AN EMPLOYMENT DECISION ABOUT YOU BETWEEN APRIL 29, 2018 AND MARCH 20, 2024.
The United States District Court for the Northern District of Ohio authorized this notice. This is not a solicitation. This is not a lawsuit against you, and you are not being sued.
This is a proposed Settlement with Concentrix Corporation. This Notice summarizes your rights. More information is available by contacting Class Counsel at 1-440-930-4001 or classcounsel@gmpfirm.com.
Important Court Documents
WHAT IS THE CASE ABOUT?
This lawsuit alleges that Concentrix did not comply with the Fair Credit Reporting Act (“FCRA”) when it used background checks for job applicants. Concentrix obtained and/or relied on your background check in connection with your application for employment with Concentrix. The suit alleges that Concentrix violated your rights under a federal law – the FCRA – in the manner in which it communicated to you about your background check for employment purposes.
Concentrix denies that it violated the FCRA or any other law with respect to your consumer report but has entered this settlement to avoid the expense and uncertainty of litigation.
WHY DID I GET THIS NOTICE?
You have been identified as a Class Member based on Concentrix’s records. The Court sent you this Notice because you are a member of a certified class and have a right to know about a proposed settlement of the Class Action lawsuit, and about your options, before the Court decides whether to approve this Settlement.
The case is known as David Helwig v. Concentrix Corp., Case No. 1:20-cv-920 (N.D. Ohio) (the “Lawsuit”). The person who sued, David Helwig, is called the Plaintiff. The company the Plaintiff sued, Concentrix, is called the Defendant or Concentrix.
WHO ARE THE CLASS MEMBERS?
On March 20, 2024, the Court certified the following Class:
All persons within the United States (including all territories and other political subdivisions of the United States): (a) who were the subject of a consumer report furnished to Concentrix from April 29, 2018 through the date of certification; (b) who received an email or letter from Concentrix containing the “no longer being considered” language (or a substantively close approximation thereof); and (c) against whom Concentrix took adverse employment action based in whole or in part on the consumer report without allowing a chance to address the report.
Excluded from the Class are any officers or directors of Concentrix, any legal representatives, heirs, successors, assignees of Concentrix, and any judge assigned to hear this action.
WHAT ARE THE SETTLEMENT BENEFITS?
As a member of the Class, you are entitled to a net amount of $390.00.
HOW CAN I RECEIVE BENEFITS?
You will automatically receive your benefit without doing anything if the Court grants final approval of the Settlement. If you take no action, you will receive a check for $390.00 upon Court approval. Your interests as a member of the Class will be represented by the Class Representative and Class Counsel without additional charge to you. You will be bound by any judgment approving or disapproving the Settlement.
WHAT AM I GIVING UP TO STAY IN THE CLASS AND RECEIVE BENEFITS?
Unless you exclude yourself, you cannot sue or be part of any other action against Concentrix for any of the claims that are covered by the Stipulation of Settlement.
HOW DO I GET OUT OF THE SETTLEMENT?
If you do not want a payment from this settlement and you want to keep the right to sue or continue to sue Concentrix on your own, and at your own expense, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as opting out of the Settlement Class.
To exclude yourself from the Settlement, you must send the completed opt-out form included with this notice to the settlement administrator: Gembala McLaughlin Pecora Co. LPA, attention: Helwig Settlement, 5455 Detroit Road, Sheffield Village, Ohio 44054. You must mail your exclusion request postmarked no later than February 3, 2025. You are responsible for paying your own postage.
Unless you properly exclude yourself, you will remain a part of the Class, receive the Settlement Payment, and give up the right to sue Concentrix for any claims covered by this Settlement.
WHO REPRESENTS YOU?
The Court has appointed Gembala McLaughlin Pecora Co., LPA (formerly Dooley Gembala McLaughlin Pecora Co., LPA) of Sheffield Village, Ohio to represent you as “Class Counsel.” You do not have to pay Class Counsel, or anyone else, to participate. You may hire your own attorney if you wish. However, you will be responsible for that attorney’s fees and expenses. David Helwig is a Class Member like you and has been appointed by the Court to be the “Class Representative.”
WILL THE LAWYERS AND CLASS REPRESENTATIVE BE PAID?
Class Counsel will ask the Court for attorney fees, costs of notice and settlement administration, and all other costs and expenses of $96,500.00, which Concentrix has agreed not to oppose. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement, and for settlement administration costs. This award does not affect the per-class member benefits identified above. The Court may award less than these amounts.
HOW DO I OBJECT TO THE SETTLEMENT?
If you do not request exclusion from the Class, you can object to any aspect of the proposed settlement by filing and serving a written objection. You must sign your objection personally, and it must be filed with the Court by mailing your objection to the Court and a copy sent to the Settlement Administrator on or before February 3, 2025, which is sixty (60) days from the date the Settlement Notices were mailed. Moreover, your objection must contain a caption or title that identifies it as an “Objection to Class Settlement in David Helwig v. Concentrix Corp., Case No. 1:20-cv-920 (N.D. Ohio)” Your objection should also contain information sufficient to identify you, as well as a clear and concise statement of your objection, the facts supporting your objection, and the legal basis for your objection.
If you intend to appear in person or through your own attorney at the Fairness Hearing to object, you must file a written Notice of Appearance by mail with the Clerk of Court no later than 7 days prior to the Final Fairness hearing date. Moreover, if an attorney will appear on your behalf, your Notice of Appearance must identify your attorney’s name, address and telephone number.
You must mail your objections to each of these two different places postmarked no later than February 3, 2025:
The Court | The Settlement Administrator |
U.S. District Court 801 West Superior Avenue Cleveland, Ohio 44113 | Gembala McLaughlin Pecora Co. LPA Attention: Helwig Settlement 5455 Detroit Road, Sheffield Village, Ohio 44054 |
WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
The Court will hold a Fairness Hearing on March 18, 2026 at 12:00 p.m. in Courtroom 17B of the United States District Court for the Northern District of Ohio, 801 West Superior Avenue, Cleveland, Ohio 44113. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.
You may, but are not required to, come to the hearing at the address listed above. You do not need to notify the Court prior to attending unless you intend to object or speak at the Fairness Hearing.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in David Helwig v. Concentrix Corp., Case No. 1:20-cv-920 (N.D. Ohio).” Be sure to include your name, address, telephone number and signature. Your Notice of Intention to Appear must be filed with the Clerk of Court no later than 7 days prior to the Final Fairness and be sent to the Clerk of the Court and Settlement Administrator, at the two addresses listed above. You cannot speak at the hearing if you excluded yourself, nor may you speak at the hearing and object to the Settlement unless you have previously filed an objection as set forth above.
ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?
This Notice summarizes the proposed settlement. More details are in the Stipulation of Settlement. A copy of the Stipulation of Settlement is available by writing to Class Counsel, Stephen M. Bosak, Gembala McLaughlin Pecora Co., LPA, 5455 Detroit Road, Sheffield Village, Ohio 44054. You may also access relevant documents electronically at https://www.gmpfirm.com/concentrixclasscertification.
Class Counsel:
Stephen M. Bosak
Gembala, McLaughlin & Pecora Co., LPA
5455 Detroit Road, Sheffield Village, Ohio 44054
(440) 930-4001
classcounsel@gmpfirm.com