FREQUENTLY ASKED QUESTIONS
The Notice informs you of an action that has been filed under the FLSA, advises you of your rights as a putative plaintiff, and tells you how you can be included in the action. If you wish to be included in this action, you must sign and return the Consent to Join Form as explained below.
On May 14, 2024, Plaintiff Kambra Breslin brought this action against RDI on behalf of herself and all other similarly situated individuals. On July 22, 2024, the action was amended to add as named plaintiffs Kelsey Jackson and Chad Brown (Plaintiffs Breslin, Jackson and Brown referred to herein as “Plaintiffs”). Plaintiffs were employed by RDI as hourly Call Center Customer Service Representatives. Plaintiffs allege that RDI violated the FLSA by failing to pay them for work tasks completed before and after their scheduled shifts when they were not clocked into RDI’s timekeeping system. Plaintiffs also allege that Defendants violated the law by not including Call Center Customer Service Representatives’ non-discretionary bonuses into the overtime calculations as required by law.
Plaintiffs allege that they and other similarly situated individuals are entitled to recover from RDI: (a) unpaid overtime compensation; (b) liquidated (double) damages equal to the amount of the overtime back wages for the past three years; and (c) attorneys’ fees and costs associated with bringing this lawsuit under the FLSA. RDI has denied these claims and believes it has properly paid employees.
The Court takes no position regarding any claims or defenses, and there is no assurance that the Court will grant any relief to the Plaintiffs in this case.
The U.S. District Court for the Southern District of Ohio Western Division authorized the distribution of the Notice to:
All current and former hourly Call Center Customer Service Representatives employed by The RDI Corporation at any time between May 14, 2021 and the present who have not entered into an agreement to arbitrate claims for unpaid overtime against the RDI Corporation.
If you received the Notice and fit this definition, you may be eligible to join this lawsuit.
To join this action and make a claim for unpaid overtime wages, you must read, sign, and return the Consent to Join Form by August 25, 2025. You can return the Consent to Join Form by filling out the form and returning it by mail, email or fax to:
Breslin et al v. The RDI Corporation
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
Email: [email protected]
Fax: 1-888-326-6411
You may also submit the Consent to Join Form online by visiting the website HERE.
Plaintiffs’ counsel will file your completed Consent to Join Form with the Court upon receipt. Until the Consent to Join Form is filed with the Court, the statute of limitations ordinarily continues to run, and you will not be entitled to receive compensation for the days during which you delay sending in your Consent to Join Form. If you lose or misplace the Consent to Join Form, or if you have any questions about filling out or returning the Consent to Join Form, you may contact Plaintiffs’ counsel listed in Question 8 below, or Atticus Administration (Contact Us).
All Consent to Join Forms must be signed and postmarked, faxed, emailed, or otherwise returned to Atticus Administration by August 25, 2025, which is sixty (60) days after the Notice was mailed to you.
The law prohibits RDI or any of its agents or employees from discharging you, or in any manner harassing, discriminating, or retaliating against you for exercising your rights under the FLSA (for example, by joining this lawsuit).
If you join this action, you will be bound by any judgment that is rendered, whether favorable or unfavorable, and share in any recovery. You will also be bound by, and share in, any settlement that may be reached on behalf of the collective class. That means that, if Plaintiffs win, you may be eligible to share in any monetary award; if Plaintiffs lose, no money will be awarded, and you will not be able to file another lawsuit regarding the matters raised in this lawsuit. While this lawsuit is proceeding, you may be required to provide information, sit for a deposition, and testify in court.
By joining this action, you are designating the attorneys identified in Question 8 to represent your interest, unless you retain an attorney of your own choice to represent you or proceed without an attorney. In addition, you designate the Named Plaintiffs as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiff’s counsel concerning fees and costs, the entering into a settlement agreement with RDI and all other matters pertaining to this action.
You are not required to pay attorneys’ fees or court costs at this time. If Plaintiffs prevail, Plaintiffs’ counsel will seek an order requiring RDI to pay their reasonable attorneys’ fees and expenses. The Court must approve any award of attorneys’ fees and/or costs.
If you choose not to join this action, you will not be bound by any judgment or settlement, whether favorable or unfavorable, and you will not share in any recovery. You will be free to file your own lawsuit; however, the pendency of this action will not stop the running of the statute of limitations as to any claims you may have until you file your own lawsuit.
Jason J. Thompson
Alana A. Karbal
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, Michigan 48076
Telephone: 269-250-7502
[email protected]
[email protected]
Robert E. DeRose
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: 614-221-4221
[email protected]
Further information about the Notice or the action may be obtained from Plaintiffs’ counsel at 1-800-201-0785. The call is free and confidential.
PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.
THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS OF PLAINTIFFS’ CLAIMS OR OF RDI’S DEFENSES.