LYTTLE v. TRULIEVE, INC.

This lawsuit is pending in the United States District Court for the Middle District of Florida. Logan Lyttle (the “Plaintiff”), sued Trulieve, Inc. in this class action case (Lyttle v. Trulieve, Inc., 8:17-CV-02313-CEH-TGW) alleging that it violated the Fair Credit Reporting Act (the “FCRA”), 15 U.S.C. §1681b(b)(3)(A), by taking an adverse employment action, in whole or in part, based on information contained in a consumer report, against applicants and employees without first providing notice, a copy of the report or summary of rights. Trulieve, Inc. contends that its procedures did not violate the FCRA and did not willfully violate the FCRA.

This “Adverse Action Class” is defined to include:

All Trulieve applicants and employees in the United States against whom adverse employment action was taken, based, in whole or in part, on information contained in a consumer report obtained within two years preceding the filing of this action through the date of final judgment, who were not provided notice, a copy of their report or summary of rights pursuant to § 1681b(b)(3)(A).

The Court has appointed lawyers to represent the Class, but you may enter an appearance in the case through an attorney if you want. If you do so, you will have to pay for your own lawyer.

The attorneys who have been appointed by the Court to represent the Class are:

Marc R.  Edelman, Esq.
Morgan & Morgan, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602-5157
813-223-5505

Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Wenzel Fenton Cabassa, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
813-224-0431

Subject to the Court’s approval, Trulieve, Inc. has agreed to compensate Class Counsel for its attorney’s fees, up to $236,500.00. This payment is not being paid from the Settlement Fund, so it will not affect your individual recovery. However, Class Counsel will be seeking reimbursement from the Settlement Fund for litigation expenses and costs incurred to prosecute this action, subject to the Court’s approval. Truelieve, Inc. has also agreed to pay Logan Lyttle $3,000.00 as consideration for executing a full release of all claims he may have against Trulieve, Inc., including those not asserted in this action. The payment to Lyttle will not affect your recovery as it is not being paid from the Settlement Fund.

Unless you exclude yourself from this settlement, you will be considered a member of the Class, which means you give up your right to sue or file a lawsuit against Trulieve, Inc. regarding its alleged failure to provide pre-adverse action notice when using consumer reports for employment purposes. Giving up your legal claims is called a release. The released parties collectively include Trulieve, Inc., and its related companies, officers and attorneys its officers, trustees, employees, attorneys, insurers, agents, servants and representatives, whether in their individual or official capacities. You will be releasing these parties from all claims related to Trulieve, Inc.’s alleged failure to provide you with pre-adverse action notice before it took an adverse employment action against you.

If you wish to be excluded, you must mail a written request for exclusion to the Settlement Administrator at:

Lyttle v Trulieve, Inc.
c/o Settlement Administrator
PO Box 23680
Jacksonville, FL 32241-3680
(888) 267-0133

Your request for exclusion must be in writing and postmarked on or before July 18, 2022. The request must state: “I do not want to be part of the Class in Lyttle v. Trulieve, Inc., 8:19-cv-02313-CEH-TGW.” The request should be signed, with your name, address, and telephone number printed below your signature. The address you use should be the address to which this notice was mailed, so that you can be properly identified. However, if you have a new address, please inform us of the new address so we can make the change in the Class List.
 

Any member of the Settlement Class who wishes to object to the Settlement must return to the Settlement Administrator a timely written statement of objection no later than forty-five (45) days after the date the Settlement Administrator mails the Notice of Settlement. Objections must be mailed to the following address so that it is received by July 18, 2022:

The Notice of Objection must state (1) the case name and number; (2) the name, address, telephone number, and email address (if any) of the member of the Settlement Class making the objection; (3) a statement of the objection(s) being asserted; (4) a detailed description of the facts and any legal authorities underlying each objection; (5) a notice of intent to appear at the final Fairness Hearing, if the Settlement Class Member making the objection intends to appear; (6) a list of any witnesses the Settlement Class Member making the objection may call to testify at the Final Approval Hearing, whether in person, by deposition, or affidavit; and (7) a list of any exhibits, and copies of the same, which that such objector may offer at the Final Approval Hearing. Any objection must be personally signed by the objector.

No member of the Settlement Class shall be entitled to contest in any way the approval of the terms and conditions of this Agreement or the Court’s Final Approval Order except by filing and serving written objections in accordance with the provisions of this Settlement Agreement. Any member of the Settlement Class who fails to make objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objections, whether by appeal or otherwise, to the Settlement.

The Court will hold a Fairness Hearing on August 18, 2022, at 11:00 a.m. The hearing will be held in the United States Federal Courthouse for the Middle District of Florida, located in Tampa, Florida. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will hear objections to the settlement, if any. We do not know how long the Court will take to make its decision. In addition, the hearing may be continued at any time by the Court without further notice to you.

This notice is only a summary of the proposed settlement of this lawsuit. Certain pleadings and documents filed in Court, including the Settlement Agreement, may be reviewed or copied in the Clerk’s Office or by visiting this website. Please visit this website periodically for updates.