UPDATE 09/23/2024
On May 16th, 2024, the court granted final approval of the settlement.
The settlement includes a guaranteed payment of $1.2 million and a contingent payment of up to $250,000 from the bankruptcy estate’s winddown budget. The winddown of the PGX estate is nearing completion.
The settlement of up to $1.45 million is inclusive of attorneys’ fees, expenses, the service payment, and the cost of distribution to the class. Given the size of the class and the associated costs of distribution, settlement checks will be mailed once the full amount of the settlement is determined and received.
Developments in the case, including the date settlement checks will be mailed to class members, will be posted here.
If you have moved, please use our contact us form to update your current address as soon as possible.
PREVIOUS UPDATES
On November 8, 2023, the Bankruptcy Court granted our request to certify the WARN case as a class action and appointed the Plaintiff as class representative and Raisner Roupinian LLP Class Counsel.
In December 2023, the Parties reached a settlement of up to $1.45 million.
On April 4, 2024, the Court granted preliminary approval of the settlement. Notice of the terms of the settlement was mailed to all class members on April 18, 2024, and final approval was granted by the court on May 16, 2024. As soon as we have more information on the case, including when settlement checks may be sent, we will post it here.
Raisner Roupinian LLP filed a class action complaint on May 24, 2023, against PGX Holdings, Inc., Progrexion Teleservices, Inc., Progrexion Marketing, Inc., Progrexion ASG, Inc., Efolks, LLC, CreditRepair.Com, Inc., Credit.Com, Inc., and John C. Heath, Attorney At Law PC (“Defendants”) seeking to recover 60 days’ wages and benefits for terminated employees under the federal Worker Adjustment and Retraining Notification Act (“WARN Act”).
We contend the Defendants ordered mass layoffs or plant closings on or about April 5, 2023, and within 90 days of that date, without providing 60 days’ advance notice as required by the WARN Act. The case was originally filed in the United States District Court for the District of Utah, Central Division.
In response to the Progrexion Defendants’ Chapter 11 bankruptcy filing, Raisner Roupinian LLP filed on June 5, 2023, a class action adversary proceeding complaint for violation of the WARN Act in the United States Bankruptcy Court for the District of Delaware.
WARN ACT – CONTACT US
If this mass layoff affected you, Raisner Roupinian LLP can provide you with updated information regarding your rights in this case. Generally, the WARN Act requires companies to provide their employees with 60 days’ written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days’ wages and benefits.
If you have any questions regarding this matter or to update your address, email address, and/or telephone number, please contact us.