COURT APPROVES PROGREXION SETTLEMENT
UPDATE 03/28/2025
On March 28, 2025, the settlement administrator mailed individual settlement checks to the nearly 1,100 class members. Discussions with the trustee are ongoing and we will post any new updates here.
On March 18, 2025, we sent a Confidential Attorney-Client email to class members with email addresses on file. Are you a class member in this class action and did not receive this email? Please check your spam folder. Or please use our contact us form to add your email address to our records and have the email sent to you.
SETTLEMENT REACHED
Importantly, on May 16th, 2024, the court granted final approval of the settlement.
Importantly, 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 distribution cost to the class. Given the size of the class and distribution cost, 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.
On November 8, 2023, the Bankruptcy Court granted our request to certify the WARN case as a class action. Additionally, the court 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. The settlement administrator mailed notice of the terms of the settlement to all class members on April 18, 2024. Final approval was granted by the court on May 16, 2024.
ORIGINAL FILING
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”). We sought to recover 60 days’ wages and benefits for terminated employees under the federal Worker Adjustment and Retraining Notification Act (“WARN Act”).
Our contention: that 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. We originally filed the case in the United States District Court for the District of Utah, Central Division.
Subsequently, and 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
Raisner Roupinian LLP will provide you with information regarding your rights in this WARN class action. The federal WARN Act requires companies with at least 100 full-time employees to provide them with 60 days’ written notice in advance of a mass layoff or plant closing. Additionally, certain states also have WARN Acts.
Without the required notice, an employer may be liable for 60 days’ wages and benefits to each affected employee.
CONTACT US
Please contact Raisner Roupinian LLP with any questions regarding this matter. Or, to update your address, email address, and/or telephone number.