Lillehagen et al. v. Alorica, Inc.
www.AloricaSettlement.com

Frequently Asked Questions

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Basic Information

1. Why did I get the Notice?

The Notice was sent to you because Alorica's records show that you worked as a CSR in the United States, excluding Terre Haute, Indiana, in one of the date ranges listed below.

The Court ordered that we send you a Notice because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves the settlement, and after objections and appeals are resolved, an administrator appointed by the Court will make the payments provided for by the settlement. The Notice explains the lawsuit, the settlement, your legal rights, and what benefits are available.

The Court in charge of the case is U.S. District Judge David O. Carter of the United States District Court for the Central District of California, and the case is known as Lillehagen et al. v. Alorica, Inc., Case No. 13-cv-00092-DOC(JPRx). The people who sued are called the Plaintiffs, and the company they sued, Alorica Inc., is called the Defendant.

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2. What is this lawsuit about?

In the lawsuit, Plaintiffs claimed that Alorica violated federal and state law by failing to pay CSRs properly for work done before and after their shifts and for compensable break time. Generally speaking, the lawsuit asks the Court to require Alorica to pay money for (1) the time during which CSRs allege they were not paid for work performed before and after their shifts and for compensable break time; (2) meal and rest breaks that CSRs allege were not provided in California; and (3) penalties, interest, and other amounts. Alorica denies that it did anything wrong.

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3. What is a State Law Class Action?

In a class action for violations of state wage and hour law, one or more people, called Plaintiffs or Class Representatives (in this case, Melissa Lillehagen, Sharon Shaw, Janna Carlile, Shanai Whitmore, Ignacio Pizana, Brenda Luper, Barbara Beckerley, Michael Irvin, Dianne Maddox, Raymorn Edden, Cassandra Allen, Dawn Fulmore, Vanessa Gomez, Ancelle Parker, Janelle Ayers, Cynthia Fuerte, Chelsea Ramirez, and Timothy King), sue on behalf of people who have similar claims (“State Law Class Action”). All these people with similar claims are called Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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4. What is a federal FLSA Collective Action?

In a “Collective Action,” one or more people, called “Named Plaintiffs,” sue on behalf of people who have similar claims based on federal wage and hour laws (the Fair Labor Standards Act, or “FLSA”). However, other CSRs who have similar claims do not become part of the Collective Action until they consent to join (i.e., opt into) the Collective Action. You may opt into the Collective Action part of this lawsuit and become a “Collective Action Member” by cashing, depositing, or otherwise negotiating the settlement check that will be mailed to you if and when the Court approves the settlement.

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5. Why is there a settlement?

The Court did not decide in favor of Plaintiffs or Alorica. Instead, both sides agreed to a compromise called a settlement, which, if approved, ends the litigation. That way, Plaintiffs and Alorica avoid the cost, delay, and uncertainty of moving forward in litigation to trial and possible appeals, and the people affected will get compensation. The Class Representatives and the attorneys for both sides think that the settlement is best for everyone who was allegedly harmed.

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Who Is In The Settlement

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

If you worked for Alorica as a CSR at any time during the following date ranges, you are automatically a member of the State Law Class Action.

  • Colorado and North Carolina: May 30, 2011 – May 31, 2016
  • California, Pennsylvania, and Texas: May 30, 2010 – May 31, 2016
  • Iowa, Florida, Kansas, Oklahoma, and Virginia: May 30, 2009 – May 31, 2016
  • Georgia: May 30, 2008 – May 31, 2016

If you worked for Alorica as a CSR at any time from August 9, 2010 to May 31, 2016, you will become part of the FLSA Collective Action if you cash the check. “CSR” includes, but is not limited to, the following job titles:

  1. AGENT 1
  2. AGENT 2
  3. AGENT 3
  4. BACK OFFICE AGENT
  5. CALL CENTER AGENT - PCFO
  6. CASE MANAGER
  7. CRM
  8. CRM PARTS
  9. CUSTOMER SERVICE REPRESENTATIV
  10. CUSTOMER SERVICES-SEASONAL
  11. CUSTOMER SVC REP
  12. CUSTOMER SVC REP - VZW
  13. ESCALATIONS CLERK
  14. FLOOR SUPPORT AGENT
  15. OPERATIONS.B2B SALES.SALES CONSULTANT.
  16. OPERATIONS.OPERATIONS.CSR - LEAD - TEMP.
  17. OPERATIONS.OPERATIONS.CSR - LEAD.
  18. OPERATIONS.OPERATIONS.CSR - LEADERSHIP INTERN.
  19. OPERATIONS.OPERATIONS.CSR - OFFLINE.
  20. OPERATIONS.OPERATIONS.CSR - TECHNICAL SUPPORT.
  21. OPERATIONS.OPERATIONS.CUSTOMER SERVICE REPRESENTATIVE.
  22. SALES & MARKETING.SALES SUPPORT.ASSOCIATE.
  23. SEASONAL QA LEAD
  24. SEASONAL TEAM LEAD
  25. TELEMARKETING.CLIENT SERVICES.ASSOCIATE.
  26. TELEMARKETING.OPERATIONS.ASSOCIATE.
  27. TELEMARKETING.TELESALES/TELEMARKETING.ASSOCIATE.
  28. TELEMARKETING.TELESALES/TELEMARKETING.ASSOCIATE.LEAD
  29. TELEMARKETING.TELESALES/TELEMARKETING.ASSOCIATE.NO PHONE
  30. TELEMARKETING.OPS/CLIENT SVCS.ASSOCIATE.

“CSR” encompasses any and all additional positions which perform substantially the following duties: making and receiving telephone calls on behalf of clients (“outbound” and “inbound” calls, respectively); providing customer support (e.g., handling complaints, fielding billing questions, providing product support, making welcome calls to clients' customers, etc.); and generating revenue (e.g., lead generation, “up-selling,” “cross-selling,” “win-back initiatives,” etc.).

If the Court approves of the settlement, and if you do not opt out (see section 12 below), the Settlement Administrator will send you a check. If you are not sure whether you are included, you can ask for free help. You can call the Court-appointed Settlement Administrator at 1 (855) 907-3231.

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The Settlement Benefits—What You Get

7. What does the settlement provide?

Alorica has agreed to pay the settlement amount to settle your and the other Class Members' claims. Each CSR who does not opt out will receive a share of the settlement amount. The total settlement amount will be used to pay Class Members, Court-approved attorneys' fees and costs for your lawyers, Court-approved Service Awards to the named Plaintiffs, interest, and the Settlement Administrator's costs.

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8. How much will payment be?

Each Class Member's settlement share will depend on (a) how long he or she worked as a CSR during the relevant time period and (b) what state he or she worked in. Because California has stronger worker-protection laws than other states, both in terms of how easy it is to win a lawsuit or how much money the worker can receive if he or she wins, weeks worked in California will count three times (3x) as much as weeks worked in other states.

Only time worked as a CSR for Alorica during the relevant time periods listed in § 6 above will be considered in calculating available workweeks for purposes of determining each Class Member's settlement share. (So, if you worked for Alorica for 7 months, and during that time you worked as a CSR for 4 months and then in a non-CSR positon for 3 months, only the 4 months of CSR time will count in this Settlement.) If the workweek data for a particular Class Member is unavailable or not ascertainable, that Class Member will, for purposes of calculating the settlement share, be deemed to have worked weeks equal to the average number of weeks worked by the other Class Members whose workweek data is available and ascertainable.

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How You Get a Payment

9. How can I get a payment?

You do not need to do anything to receive money from the settlement. If you do nothing and the settlement is approved by the Court, the Settlement Administrator will automatically mail you a check for your share of the settlement to the address listed on your Notice, based on Alorica's available records of your dates and location(s) of employment as a CSR. You must deposit or cash your settlement check within 180 calendar days after it is mailed to you. If you do not deposit or cash your check within the 180 calendar days, that money will be redistributed to other CSRs or to a charity approved by the Court.

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10. When would I get my payment?

The Court approved the settlement on December 5, 2016, and checks were sent to class members on January 17, 2017. If your contact information has changed, please inform the Settlement Administrator at info@aloricasettlement.com immediately. If you are a class member, and you do not receive your check within three weeks, please contact the Settlement Administrator for a replacement check.

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11. What am I giving up to get a payment or stay in the Class?

If you stay in the Class (i.e., you do not opt out), then the following applies to you:

If you worked for Alorica in California, Colorado, Florida, Georgia, Iowa, Kansas, North Carolina, Oklahoma, Pennsylvania, Texas, or Virginia: You will remain in the State Law Class Action. This means that you cannot sue, continue to sue, or be part of any other lawsuit against Alorica about any of the state law wage and hour issues raised in this case (explained below in the “Release of Claims”), even if you do not cash your settlement check. It also means that all of the Court's orders relating to the State Law Class Action will apply to you and legally bind you.

In addition, if you cash your settlement check, you also consent to join the Federal FLSA Collective Action, and you cannot sue, continue to sue, or be part of any other lawsuit against Alorica about any of the federal law wage and hour issues raised in this case (explained below in the “Release of Claims”). It also means that all of the Court's orders relating to the Federal FLSA Collective Action will apply to you and legally bind you.

If you worked for Alorica in any other state and…

  • … you cash your settlement check: You consent to join the Federal FLSA Collective Action, and you cannot sue, continue to sue, or be part of any other lawsuit against Alorica about any of the federal law wage and hour issues raised in this case (explained below if the “Release of Claims”). It also means that all of the Court's orders relating to the Federal FLSA Collective Action will apply to you and legally bind you.
  • … you do not cash your settlement check: You do not join the Federal FLSA Collective Action, and that means that you retain your right to sue, and you can begin a new lawsuit or continue with an existing one against Alorica over the legal issues in this case. You are not agreeing to the “Release of Claims” below.
Release of Claims: Class Members will release Alorica, as well as each of its respective present and former officers, directors, employees, shareholders, owners, trustees, agents, representatives, attorneys, insurers, affiliates, predecessors, successors, assigns, parent companies, subsidiaries and related companies, from any and all claims, causes of action, damages, penalties, interest, fines, debts, liens, liabilities, demands, obligations, attorneys' fees, costs, and any other form of relief or remedy in law or equity, whether known or unknown, suspected or unsuspected, that existed or came into existence on or before the date the Court grants preliminary approval, that arise out of the facts alleged in the Consolidated Second Amended Complaint, including but not limited to: (1) state wage-and-hour claims; (2) claims for wages, overtime, and/or off-the-clock work; (3) meal period claims; (4) rest period claims; (5) wage statement claims; (6) interest, penalties, and attorneys' fees; (7) claims for waiting time penalties; (8) deductions; (9) charges; (10) claims of withholding from wages and related provisions of the California Labor Code; (11) California wage-and-hour claims, including but not limited to California Labor Code Sections 201-204, 218, 218.5, 218.6, 221-224, 225.5, 226(a)-(e), 226.7, 510, 512, 1174, 1174.5, 1194, and 2698, et seq., and the Wage Orders; (12) derivative claims under California Business & Professions Code Sections 17200, et seq.; (13) claims under Article X, Section 24 of the Florida State Constitution; (14) claims under the Florida Minimum Wage Act, including but not limited to Florida Statutes Sections 448.01, et seq. and 448.110, et seq.; (15) claims under the Pennsylvania Minimum Wage Act, including but not limited to 34 PA Code §§ 231 and 231.1, and 43 P.S. Code § 333; (16) claims under the Pennsylvania Wage Payment and Collection Law, including but not limited to 43 P.S. § 260.1, et seq.; (17) wage-and-hour claims under Georgia law; (18) claims under the Oklahoma Protection of Labor Act, including but not limited to Ok. Stat. 40 §165.1, et seq.; (19) wage-and-hour claims under Texas law; (20) wage-and-hour claims under Indiana law; (21) claims under the Kansas Wage Payment Act, including but not limited to Kan. Stat. § 44-313, et seq. and Kan. Stat. §§ 44-314 and 44-315; (22) wage-and-hour claims under Utah law; (23) wage-and-hour claims under Alabama law; (24) claims under the Colorado Wage Claim Act, including but not limited to Colo. Rev. Stat. § 8-4-101, et seq. and Colo. Rev. Stat. §§ 8-4-103, 8-4-109, and 8-4-110; (25) claims under the Iowa Wage Payment Collection Law, including but not limited to Iowa Code § 91A.1, et seq., and Iowa Code §§ 91A.2, 91A.3, 91A.5, and 91A.8; (26) claims under the North Carolina Wage and Hour Act, including but not limited to N.C. Gen. Stat. § 95-25.1, et seq., and N.C. Gen. Stat. §§ 95-25.2, 95-25.6-12, and 95-25.22; (27) wage-and-hour claims under South Carolina law; (28) wage-and-hour claims under South Dakota law; (29) wage-and-hour claims under Virginia law; (30) state and federal breach of contract claims; (30) state and federal quantum meruit claims; (31) state and federal unjust enrichment claims; (32) all claims under the Wage Order; (33) all Fair Labor Standards Act (“FLSA”) claims, including, without limitation, 29 U.S.C. §§ 201,et seq., 29 U.S.C. §§ 203, 206, 207(a)(1), 207(e), 211(c), 215(a), 216(b), 255(a), 29 C.F.R. §§ 785.18 and 778.117; (34) Private Attorneys General Act of 2004 (“PAGA”) claims within the Class Period as defined above; and (35) any claim for punitive damages or injunctive relief arising from the foregoing.

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Excluding Yourself From 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 Alorica, on your own, in connection with the legal issues in this case, then you may need to take steps to get out. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately because you may have to exclude yourself from this Class to continue your own lawsuit. This is called excluding yourself from – or opting out of – the settlement Class.

12. When is the Exclusion deadline?

The exclusion deadline was September 12, 2016.

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13. If I exclude myself, can I get money from this settlement?

No. If you excluded yourself, you will not receive any money from this lawsuit. But you may sue, continue to sue, or be part of a different lawsuit against Alorica regarding these same claims.

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The Lawyers Representing You

14. Do I have a lawyer in this case?

The Court appointed the following attorneys to represent you and the other Class Members: Allen R. Vaught of the law firm of Baron & Budd P.C., Jahan C. Sagafi and Katrina L. Eiland of the law firm of Outten & Golden LLP, and Robert P. Kondras, Jr. of the law firm of Hunt, Hassler & Lorenz LLP. Together, the lawyers are called Class Counsel or Plaintiffs' Counsel. You will not be charged for these lawyers' work in securing the settlement benefits for you and the other Class Members. If you want to be represented by your own lawyer, you may hire one at your own expense.

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15. How will Class Counsel and the Named Plaintiffs be paid?

Class Counsel will ask the Court for attorneys' fees and out-of-pocket costs, according to the terms of the Settlement Agreement. The attorneys' fees and costs, as awarded by the Court, shall be paid from the fund created by the settlement. In addition, Class Counsel will ask the Court for service awards for Class Representatives Beckerley, Lillehagen, Carlile, Maddox, Edden, Shaw, Whitmore, Pizana, Luper, Allen, Parker, Fulmore, Gomez, Irvin, Ayers, Fuerte, Ramirez, and King. These service awards are being requested to compensate the Class Representatives for the time, effort, and risk they incurred in achieving this settlement for you and the other Class Members. In addition, these Class Representatives are giving up more rights as part of the settlement (i.e., they are agreeing to a release of legal claims that is broader than the release that applies to you and the other Class Members).

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Commenting on (Including Objecting to) the Settlement

You can tell the Court what you think about the settlement.

16. When is the Objection deadline?

The deadline was September 12, 2016.

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

Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class.

Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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If You Do Nothing

18. What happens if I do nothing at all?

If you do nothing, you will receive a settlement payment. If you do nothing and you either (1) performed work in California, Colorado, Florida, Georgia, Iowa, Kansas, North Carolina, Oklahoma, Pennsylvania, Texas, or Virginia, or (2) cash the settlement check you receive from the Settlement Administrator, you will remain part of this case and you will waive your right to pursue legal claims covered by the releases described in section 11.

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Getting More Information

19. Are there more details about the settlement?

This website is intended to summarize the terms of the settlement. For the settlement's complete terms and conditions, please consult the governing Settlement Agreement. The Settlement Agreement, Second Amended Complaint, and the notice are all available here and can be requested by contacting the Court-appointed Settlement Administrator at 1 (855) 907-3231.

Please do not call the Court or the Court clerk's office to inquire about this settlement. They will be unable to help you.

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20. Why was the date of Fairness Hearing moved?

The Fairness Hearing was moved from September 6, 2016 to December 5, 2016 at 7:30 a.m. PDT because the Court could not enter a final judgment until December 5, 2016. This is because the appropriate state officials were served a copy of the Notice on September 6, 2016, and pursuant to the Class Action Fairness Act, the Court cannot enter an order giving final approval of the proposed settlement earlier than 90 days after the Notice was sent to the state officials. Accordingly, the date of the Fairness Hearing was moved 90 days to December 5, 2016.

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21. What is the Status of the Settlement?

Initial distribution checks were sent to eligible Class Members on January 17, 2017 and second distribution checks were sent to eligible Class Members on September 29, 2017. Only those eligible Class Members who cashed their initial distribution check were eligible to receive a second distribution payment.

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22. Why Did I Receive a Second Form W-2 and Form 1099 with my Second Distribution Check?

A corrected Form W-2 and corrected Form 1099 were sent with your second distribution check because you received two separate payments in the same tax year. The corrected Form W-2 and corrected Form 1099 represent your combined payments from the initial and second distributions. Please disregard the previous forms that you received. Class Counsel, Defendant’s Counsel, and the Settlement Administrator cannot provide individual tax advice. Accordingly, you may wish to consult your tax advisor if you are not certain about the tax treatment of this payment.

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23. How Can I Request a Replacement Check?

Please know that initial distribution checks cannot be reissued. To request a replacement second distribution check, please write the Settlement Administrator at:

Lillehagen v. Alorica c/o GCG PO Box 10303 Dublin, OH 43017-5903

or email info@aloricasettlement.com.

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