If Your Name, Photograph, or Personal Information Appeared on Radaris.com at Any Time from October 24, 2010, to the Present, You May Be a Member of a Certified Class.

A court authorized this notice. It is not a solicitation from a lawyer. You are not being sued.

  • A class action is pending in the United States District Court for the Northern District of California (“the Court”) against Radaris, LLC, Radaris America, Inc., and Edgar Lopin (collectively, “Radaris”). The lawsuit alleges that Radaris violates state and federal laws regulating “consumer reports” and “investigative consumer reports.” These laws affect how certain business collect and disseminate your information, and impose obligations on correcting and removing inaccurate and old information. The lawsuit also alleges that Radaris violated California law by using consumers’ names, photographs, or likenesses without their consent.

 

  • The Court decided that this lawsuit should proceed as a class action on behalf of a “Class,” a group of people that could include you. The Class consists of all persons in the United States who have had information relating to their credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living compiled and displayed by Radaris at any time from October 24, 2010, to the present.

 

  • The Court has also certified a subclass consisting of all California residents whose names, photographs, or likenesses, or the names, photographs, or likenesses of their deceased personalities, Radaris has used on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons, at any time from October 24, 2010, to the present.

YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT

Do Nothing

Stay in the lawsuit. Await the outcome. Share in possible benefits. Give up certain rights.

By doing nothing, you are choosing to stay in the Class. You will be permitted to share in any recovery that may result from this lawsuit, but you will give up your rights to sue Radaris in a separate lawsuit for the claims made in this class action. In addition, you will be bound by past and any future court rulings on the claims against Radaris.

Ask to be Excluded

Get out of this lawsuit. Get no benefits. Retain your rights.

If you opt out of the Class (meaning you say in writing that you do not want to be included in this lawsuit), you will not be entitled to any recovery that may result from this lawsuit, but you will not be bound by any past or future rulings against Radaris. You will be free to pursue your own claims against Radaris on your own or as part of a different lawsuit.

THESE RIGHTS AND OPTIONS –
AND THE DEADLINES TO EXERCISE THEM –
ARE EXPLAINED IN THIS NOTICE

BASIC INFORMATION ABOUT THE LAWSUIT

This lawsuit is about whether Radaris violated federal law regulating the collection and dissemination of personal information, commonly called background reports, and imposing obligations on businesses to correct or remove inaccurate and old information. The law is called the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. This lawsuit also alleges claims on behalf of a subclass of California residents against Radaris for violation of California law that imposes additional requirements on companies that prepare background reports on consumers. These laws include the Investigative Consumer Reporting Agencies Act (ICRAA), Cal. Civ. Code § 1786 et seq., and the Consumer Credit Reporting Agencies Act (CCRAA), Cal. Civ. Code § 1785 et seq. On behalf of California residents the lawsuit also alleges statutory and common-law claims against Radaris for misappropriation of likeness arising from the use of consumers’ names, photographs, or likenesses, or the names, photographs, or likenesses of their deceased relatives, on its website to sell its background reports and sell advertising space to online marketers.
In a class action lawsuit, one or more people called “Plaintiffs” (here, John Huebner and Irmin Langton) sue on behalf of themselves and other people who have similar claims, who are called the “Class” or “Class Members.” Radaris, LLC, Radaris America, Inc., and Edgar Lopin are called the “Defendants.” One court resolves the issues for all Class Members—except for those who choose to exclude themselves.
On October 24, 2014, the Plaintiffs filed this lawsuit on behalf of a proposed class against the Defendants for violation of federal laws regulating background reports, and a California subclass for violation of similar California laws as well as statutory and common law privacy claims. The Defendants have defaulted, which means they have not appeared to oppose the allegations. On February 11, 2016, Plaintiffs moved to certify this action as a class action. The Court granted in part and denied in part Plaintiff’s motion on April 12, 2016.
Because the Defendants have defaulted, they have admitted the allegations of the lawsuit. The Plaintiffs will request the Court to enter a judgment against the Defendants.
The Plaintiffs are asking for money to compensate Class Members for damages they allege were caused by the Defendants’ conduct, and their reasonable attorneys’ fees and costs. The Fair Credit Reporting Act provides for mandatory damages of between $100 and $1,000 per violation, and California Civil Code § 3344 provides for $750 per violation. The Plaintiffs also request a Court order declaring that the Defendants’ conduct violated federal and state law and permanently prohibiting the Defendants and their agents and employees from continuing the conduct.
No money or benefits are available now because the Court has not yet entered judgment against the Defendants. Because the Defendants have defaulted from the lawsuit, there is no guarantee that money or benefits ever will be obtained. If they are, you will receive a notice describing how to receive a share if available.
Plaintiff seeks statutory damages and injunctive relief (that is, an order from the Court prohibiting the Defendants’ conduct). Statutory damages are a sum of money that Congress or the California Legislature has determined may be recovered for violation of certain laws. The Fair Credit Reporting Act provides for statutory damages of between $100 and $1,000 per violation, and California Civil Code § 3344 provides for statutory damages of $750 per violation. However, you should know that these laws also allow for the recovery of actual damages. Actual damages are an amount of money that you have actually lost as a result of the Defendants’ violations. This lawsuit seeks only statutory damages. The Plaintiff do not seek to recover actual damages on behalf of themselves or any other Class Members. Depending on your circumstances and how the Defendants’ conduct has affected you, you may be entitled to greater damages than the Plaintiffs seek to recover in this action. You should carefully assess your actual damages and your ability to collect these damages when determining whether to opt out of the Class.
DETERMINING IF YOU ARE A MEMBER OF THE CLASS

You are a Class Member if your personal information appeared on radaris.com at any time from October 24, 2010, to the present. You are a member of the California Subclass if you were a California resident during this time period and your personal information appeared on radaris.com.

More specifically, the Court has certified the following Class and Subclass:

FCRA Class: All persons in the United States who have had information relating to their credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living compiled and displayed by Radaris from October 24, 2010, to the present.

California Subclass: All California residents whose names, photographs, or likenesses, or the names, photographs, or likenesses of their deceased personalities, Radaris has used on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons, from October 24, 2010, to the present.
Yes, the Class excludes counsel representing the class and subclass, governmental entities, the Defendants, any entity in which the Defendants have a controlling interest, the Defendants’ officers, directors, affiliates, legal representatives, employees, co-conspirators, successors, subsidiaries, and assigns, any judicial officer presiding over this matter, the members of their immediate families and judicial staff, and any individual whose interests are antagonistic to other putative class members.
If you are still not sure whether you are included in the Class, you can get free help by calling or writing to the lawyers in this case at the phone number or address listed in response to question 17.
YOUR OPTIONS AS A CLASS MEMBER

You must decide whether to stay in the Class or opt out of it.
If you stay in the Class, you will be permitted to share in a recovery, if any, that may occur in this lawsuit. But you give up any rights to sue the Defendants separately about the same legal claims in this lawsuit. You also will be legally bound by all of the orders the Court issues and judgments the Court makes in this class action, even if there is no recovery.
You do not have to do anything at this time to stay in the Class.
If you opt out of the Class (by stating in writing that you do not want to be included in the Class), you will give up the right to participate in any recovery that may occur. But you will keep any rights you may currently have to sue the Defendants regarding the legal claims at issue in this lawsuit. You also will not be bound by the orders the Court issues and judgments the Court makes in this class action.
If you do not want to remain a member of the Class, you must submit a Request for Exclusion no later than August 16, 2016. You may submit this opt out online by clicking HERE and filling out the online form. In the alternative, you may opt out by mailing a written request postmarked no later than August 16, 2016. Your written request must include the following:

• Your name, address, and telephone number;
• A statement confirming that you want to opt out of the Class; and
• The case name and number: Huebner v. Radaris, LLC, et al., Case No. 3:14-cv-04735.

Your Request for Exclusion must be sent to the following address:

Huebner v. Radaris Class Action
CounselOne, PC
9301 Wilshire Blvd., Ste. 650
Beverly Hills, CA 90210
By doing nothing, you are choosing to stay in the Class. You don’t have to do anything now if you want to stay in the Class. If you stay in the Class and the Plaintiffs obtain money or benefits, you will be notified about how to apply for a share. Regardless of whether the Plaintiffs are able to recover money from the Defendants, you will not be able to sue or continue to sue the Defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this lawsuit.
THE LAWYERS REPRESENTING YOU

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. The following lawyers are representing the Class:

Anthony J. Orshansky
Alexandria R. Kachadoorian
Justin Kachadoorian

CounselOne, PC
9301 Wilshire Blvd., Ste. 650
Beverly Hills, CA 90210
Tel. (310) 277-9945
www.counselonegroup.com

If recovery is obtained for the Class, Class Counsel will request from the Court an award of attorneys’ fees and expenses. Class Counsel may also ask the Court to approve reasonable incentive awards for the Plaintiffs. If approved, these fees, expenses, and incentive awards will either be paid from the recovery obtained for the Class or separately by the Defendants.
You do not need to hire your own lawyer because Class Counsel is working for you. However, you may hire your own lawyer to represent you at your own expense. If you decide to retain your own attorney, you may enter an appearance through your attorney if you so desire.
GETTING MORE INFORMATION

This Notice contains a summary of relevant court papers. Complete copies of public pleadings, Court rulings and other filings are available for review and copying at the Clerk’s office. The address is Office of the Clerk, United States District Court, 450 Golden Gate Avenue, San Francisco, CA 94102-3489. Please do not contact the Court. The Court cannot answer any questions or discuss the lawsuit.

BY ORDER OF THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA