Case No. CV-2021-900430.00 in the Circuit Court of the Seventh Judicial Circuit in and for Calhoun County, Alabama, Civil Division

Frequently Asked Questions

  1. What is this lawsuit about?

    1. This lawsuit is pending in the Circuit Court of the Seventh Judicial Circuit, in and for Calhoun County, Alabama. Drake Morgan (the “Plaintiff”), sued Preferred Precision Group, LLC (“Preferred Precision Group”) in this class action case (Morgan v. Preferred Precision Group, LLC, 11-CV-2021-900430.00) alleging causes of action against Preferred Precision Group for alleged violations of the Fair Credit Reporting Act (“FCRA”). Specifically, Plaintiff alleged claims for relief for Preferred Precision Group’s purported violations of the FCRA alleging that Preferred Precision Group obtained and used consumer reports for employment purposes on Plaintiff and other class members without obtaining written authorization. Preferred Precision Group contends that their procedures did not violate the FCRA, and that they did not willfully violate the FCRA. However, to resolve this action and avoid the risks and expenses of continued litigation, Defendants have agreed to establish a Settlement Fund in the amount of $50,000.00.

      The “Settlement Class” is defined to include:

      All employees and job applicants in the United States subject of a consumer report procured by PPG for employment purposes but from whom PPG did not first obtain written authorization to procure their report in the two years preceding the filing of this action through the date of final judgment.


  2. Who are the Attorneys representing the Class and how will they be paid?

    1. 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 Morgan & Morgan, P.A. 
      201 N. Franklin Street, Floor 7 
      Tampa, FL 33602-5157 

      Subject to the Court’s approval, Preferred Precision Group, LLC has agreed to compensate Class Counsel for its attorney’s fees an amount equal to one-third of the Settlement Fund ($16,650.00) and litigation costs.

  3. What rights am I giving up in this settlement?

    1. 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 Preferred Precision Group, LLC, and/or their related entities (as further defined as the “Released Parties” in the Stipulation of Settlement available on the class website) regarding the legal issues that were raised or could have been raised in this case. Giving up your legal claims is called a release. You will be releasing these parties from all claims relating to the procurement of a background check when you applied for a job as further defined as the “Released Claims” in the Stipulation of Settlement available this website.

  4. If I chose to do so, how do I exclude myself from the settlement?

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

      Morgan FCRA Settlement
      PO Box 23698 
      Jacksonville, FL 32241

      Your request for exclusion must be in writing and postmarked on or before April 10, 2023. The request must state: “I do not want to be part of the Class in Morgan v. Preferred Precision Group, LLC, Case No.: 11-CV-2021-900430.00.” 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.

  5. When and where will the Court decide whether to approve the settlement?

    1. The Court will hold a Fairness Hearing on April 27, 2023. The hearing will be held in the Calhoun County Courthouse located in Anniston, Alabama. 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.

  6. Where can I get additional information?

    1. This notice is only a summary of the proposed settlement of this lawsuit. Certain pleadings and documents filed in Court, including the Stipulation of Settlement (Settlement Agreement), may be reviewed or copied in the Clerk’s Office or by visiting the Important Court Documents section of this website.