Bouder v. Prudential Financial, Inc. Settlement

www.PFIclassactionsettlement.com


Update: On April 20, 2018, the Claims Administrator issued check payments via the US Postal Service to class members who submitted eligible claims. Please allow two weeks for your check to arrive. If your check has not arrived after two weeks, or if your address changed but you did not notify the Claims Administrator prior to April 20, 2018, you may submit a request to reissue your check. Requests to reissue checks may be sent by email to info@PFIClassActionSettlement.com, or by mail to:

Claims Administrator Bouder v. Prudential Financial Inc. Settlement PO Box 10462 Dublin, OH 43017-4062

Overview

IF YOU WORKED FOR PRUDENTIAL AS A COVERED AGENT IN CERTAIN STATES AT ANY TIME DURING DECEMBER 15, 2002, THROUGH AUGUST 1, 2017, YOUR RIGHTS MAY BE AFFECTED BY A CLASS AND COLLECTIVE ACTION SETTLEMENT.

This settlement involves two separate lawsuits, which were consolidated by the Court, one originally filed in New Jersey (Jeffrey Bouder, et al. vs. Prudential Financial Inc., and Prudential Insurance Co. of America, United States District Court for the District of New Jersey); the other originally filed in the Southern District of California and subsequently transferred to the District of New Jersey (Jim Wang et al. vs. Prudential Financial, Inc., and Prudential Insurance Co. of America). The consolidated lawsuits share the same docket number, Civil Action No. 06-04359 (CCC) (MF).

In general, these two lawsuits (the “Settled Lawsuits”) allege that Prudential improperly denied Covered Agents overtime pay in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. (“FLSA”) and applicable state law. In addition, the Settled Lawsuits allege that Prudential took unlawful deductions from the wages of Covered Agents, including recapture of certain commissions, and/or required some Covered Agents to bear certain necessary business-related expenses. Prudential has vigorously denied all wrongdoing, and maintains that all Covered Agents have been properly compensated at all times.

Covered Agents who work or worked for Prudential in the following states (“Settling States”) at any time during the periods beginning on the dates listed below (“Settlement Class Periods”) through August 1, 2017, are eligible to participate in this Settlement:

  1. Covered Agents who work or worked in California, starting on or after March 20, 2004;
  2. Covered Agents who work or worked in Hawaii, starting on or after December 15, 2002;
  3. Covered Agents who work or worked in Illinois, starting on or after December 15, 2003;
  4. Covered Agents who work or worked in Michigan, starting on or after December 15, 2002;
  5. Covered Agents who work or worked in Missouri, starting on or after December 15, 2006;
  6. Covered Agents who work or worked in Montana, starting on or after December 15, 2003;
  7. Covered Agents who work or worked in New Jersey, starting on or after December 15, 2002;
  8. Covered Agents who work or worked in New York, starting on or after December 15, 2002;
  9. Covered Agents who work or worked in Ohio, starting on or after December 15, 2006;
  10. Covered Agents who work or worked in Oregon, starting on or after December 15, 2002;
  11. Covered Agents who work or worked in Pennsylvania, starting on or after September 15, 2003; and
  12. Covered Agents who work or worked in Washington, starting on or after December 15, 2005.

In addition, Covered Agents who work or worked for Prudential in states other than the Settling States who are Opt-In Plaintiffs, as that term is defined below, are also eligible to participate in this Settlement. Capitalized terms shall have the same meaning as set forth in the Settlement Agreement and Class Notice.

Settlement Class Categories:

  1. “Non-Deduction Wage Claimants” includes all Covered Agents who work or worked in Missouri, Montana, or Ohio in the Settlement Class Periods.
  2. “Opt-In Plaintiffs” includes all Covered Agents who are alleging claims under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. (“FLSA”), and who have already consented to participate in the collective action in this Action as a party plaintiff by timely filing an Opt-In Consent Form and who have not subsequently withdrawn such consent or opted out of the FLSA collective action prior to the preliminary approval of the Settlement.
  3. The “Deductions Class” includes (i) all Covered Agents in Hawaii, Illinois, Michigan, New Jersey, Oregon or Washington in the Settlement Class Periods; (ii) Persons who hold or held the positions of Financial Services Associate, Financial Professional Associate or any predecessor, successor or related positions in Pennsylvania in the Settlement Class Periods; and (iii) Persons who hold or held the position of Statutory Agent, or any predecessor, successor or related positions in California or New York in the Settlement Class Periods.
  4. The “Certified Deductions Class” includes (i) all Persons who hold or held the positions of Prudential Representative, Financial Services Associate, Financial Professional Associate or any predecessor, successor or related positions in California and New York in the Settlement Class Periods; and (ii) all Persons who hold or held the position of Prudential Representative or any predecessor, successor or related positions in Pennsylvania in the Settlement Class Periods.

IF YOU FALL INTO MORE THAN ONE SETTLEMENT CLASS CATEGORY YOU MAY NEED TO REVIEW THE INFORMATION SET FORTH IN BOTH TABLES I AND II, BELOW.

RIGHTS AND RESPONSIBILITIES UNDER THE SETTLEMENT DIFFER WITH RESPECT TO DIFFERENT SETTLEMENT CLASS CATEGORIES THAT MAY APPLY TO A COVERED AGENT. IF YOU HAVE ANY QUESTIONS ABOUT WHICH SETTLEMENT CLASS CATEGORY APPLIES TO YOU OR TO ANY OF YOUR WORK WEEKS, PLEASE CONTACT THE SETTLEMENT CLAIMS ADMINISTRATOR AT (844) 402-8562.


IF YOU ARE A MEMBER OF THE DEDUCTIONS CLASS OR THE CERTIFIED DEDUCTIONS CLASS, THE INFORMATION IN TABLE I APPLIES TO YOU.


Table I
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
YOU MAY SUBMIT A CLAIM FORM The only way to receive a settlement payment is by fully completing the Claim Form, including signing it under penalty of perjury, and timely returning it to the Claims Administrator. If you timely return a completed Claim Form, and the Court grants final approval of the Settlement, you will receive a settlement payment and be bound by the release provisions in the Settlement Agreement.
YOU MAY EXCLUDE YOURSELF You may submit a Request for Exclusion to “opt-out” of the Settlement, excluding yourself from any right to a settlement payment by following the procedure explained in Section F of the Class Notice. If you opt-out, you may not object to the settlement, you will not receive any settlement payment, and you will not be bound by the release provisions in the Settlement Agreement.
If you submit a Claim Form and a Request for Exclusion, your Claim Form will govern unless your Request for Exclusion states “I WISH TO WITHDRAW MY EARLIER FILED CLAIM FORM AND EXCLUDE MYSELF FROM THE SETTLEMENT”.
YOU MAY OBJECT You may object to the Settlement by timely submitting a written objection. If the Court grants final approval of the Settlement despite your objection, you will be bound by the release provisions in the Settlement Agreement. You will be eligible to receive a Settlement payment only if you timely submit a completed Claim Form. You cannot both exclude yourself from the Settlement and file an objection.
YOU MAY DO NOTHING If you do nothing, you will not receive a Settlement payment, and you will be bound by the release provisions of the Settlement Agreement.

IF YOU ARE AN OPT-IN PLAINTIFF OR A NON-WAGE DEDUCTION CLAIMANT, THE INFORMATION IN TABLE II APPLIES TO YOU.

Table II
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
YOU MAY SUBMIT A CLAIM FORM The only way to receive a settlement payment is by fully completing the Claim Form, including signing it under penalty of perjury, and timely returning it to the the Claims Administrator. If you timely return a completed Claim Form, and the Court grants final approval of the Settlement, you will receive a settlement payment and be bound by the release provisions in the Settlement Agreement.
YOU MAY DO NOTHING If you do nothing, you will not receive a settlement payment, and you will not be bound by the release provisions of the Settlement Agreement.

These rights and options – and the deadlines to exercise them – are more fully explained in the Class Notice. You may also wish to read the Frequently Asked Questions section of this website for additional information. Your legal rights are affected whether you act or don’t act. Please read the Class Notice and this website carefully.

Court Documents

Learn more about the Settlement by downloading the documents below.

Additional Information

This website contains a summary of the general information regarding the Bouder v. Prudential Financial, Inc. Class and Collective Action Settlement, including answers to common questions about the Settlement, a claim-submission option, and key documents related to this case and this Settlement. For more information about the Settlement, you may visit other sections of this website or contact the Claims Administrator at:

Bouder v. Prudential Financial, Inc. Settlement c/o GCG PO Box 10462 Dublin, OH 43017-4062

1 (844) 402-8562 info@PFIclassactionsettlement.com

PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK OF COURT REGARDING THIS WEBSITE