Robert S. Boulter
www.boulter-law.com

T 415-233-7100

C.J. Krawczyk
Benjamin Glicksman
Kravit, Hovel & Krawczyk s.c.
www.kravitlaw.com
T 414-271-7100

Heather Sneddon
Jason Greene
Anderson & Karrenberg, P.C.
www.aklawfirm.com
T 801-534-1700

Jon V. Harper
www.jonharperlaw.com
T 801-910-4357

Kevin P. Roddy
Wilentz, Goldman & Spitzer, P.A.
www.wilentz.com
T 732-855-6402

You may e-mail us directly at info@crenglandclassaction.com
 

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Frequently Asked Questions


Below are some frequent questions about the C.R. England class action case. If you don't find the answers here, please contact one of the representing attorneys.


Questions:

1. What is this lawsuit about?

2. What is a class action?

3. Who are the plaintiffs in this case?

4. Who are the attorneys bringing this case?

5. Am I a member of the class represented in this case?

6. What do I have to do to be in the class?

7. How can I find out more?

8. How can I help?

9. What will class members get if C.R. England loses or settles?

10. Will it cost me anything to be included in this case?

11. How long will the case take?

12. What if I have other issues against C.R. England or Horizon?

 

Answers:

1. What is this lawsuit about?

On May 27, 2011, Robert S. Boulter filed a class-action lawsuit on behalf of Charles Roberts and Kenneth McKay and those similarly situated lease drivers against Defendants C.R. England, Inc. and Opportunity Leasing, Inc.

The suit charges that defendants engaged in a fraud scheme to defraud class members out of money and labor via the lease driver program. Among other claims, the class-action complaint alleges that Defendants’ used false income statements and failed to disclose the high failure/turnover rate among drivers to secure class members’ agreement to become lease drivers. Defendants also deceptively seek lease drivers by baiting the general public with advertisements for “guaranteed” employee “company driver” positions and then using fraudulent and manipulative techniques to switch candidates into the lease driver program.

Plaintiffs Charles Roberts (Roberts) and Kenneth McKay (McKay) were among many victims of Defendants’ fraudulent scheme. Copies of the operative complaint and Defendants' answer are available in the case documents section of this website.
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2. What is a class action?

A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims. Plaintiffs believe there are more than 17,000 drivers who have claims common and typical to them. If the requirements are met, class members are automatically covered by the suit, unless they ask to be excluded. The case either goes to trial or the claims are resolved before trial in a settlement for the entire covered class.
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3. Who are the plaintiffs in this case?

The plaintiffs in this case are Charles Roberts (Roberts) and Kenneth McKay (McKay) and they are two of many victims of Defendants’ fraudulent scheme. At all material times they were California residents. They were induced by Defendants’ advertising and subsequent phone calls Defendants made to California to enroll and pay for Defendants’ driving school in Mira Loma, CA and subsequently became lease drivers for Defendants.

Roberts and McKay were also the named representatives of the class. In other words, they have filed the suit not just for themselves, but for all lease drivers of defendants during the applicable statutes of limitation. Roberts passed away in 2017. McKay continues as the named representative.
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4. Who are the attorneys bringing this case?

Five firms are working together on this case; their lead lawyers are listed in parenthesis:

Robert S. Boulter, www.boulter-law.com, a San Rafael, CA based franchise law attorney.

Kravit, Hovel & Krawczyk s.c., www.kravitlaw.com, a Milwaukee, WI based law firm (Stephen Kravit, C.J. Krawczyk, and Benjamin Glicksman).

Anderson & Karrenberg, P.C., www.aklawfirm.com, a Salt Lake City, UT based law firm (Thomas Karrenberg, Heather Sneddon, and Jason Greene).

Jon V. Harper, www.jonharperlaw.com, a Salt Lake City, UT based commercial litigation and class action attorney.

Wilentz, Goldman & Spitzer, P.A., www.wilentz.com, a Woodbridge, NJ based law firm (Kevin P. Roddy).

These firms have extensive class action and complex commercial litigation experience.
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5. Am I a member of the class represented in this case?

On January 31, 2017, Judge Shelby certified a class in Roberts, et al. v. C.R. England, Inc., et al., District of Utah Case No. 12-CV-302. The class consists of drivers who meet the following criteria:

  1. signed the Vehicle Leasing Agreement with Horizon,
  2. signed the Independent Contractor Operating Agreement with England,
  3. during the applicable statute of limitations period, and
  4. drove at least one day as an IC lease operator for England.
A full copy of Judge Shelby’s decision to certify the class can be found under the Case Documents section of this website. Class notice was sent to potential class members on May 2, 2018. Copies of the class notice documents can be found under the Class Notice section of this website. If you meet the requirements to be a class member, you do not have to do anything at this time to be in the class. The opportunity to exclude yourself from the class is explained in the Class Notice documents. If you would like to discuss your time as a driver for C.R. England, we would like to hear from you. Please go to the Contact section to contact the attorneys.
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6. What do I have to do to be in the class?

If you meet the criteria established by Judge Shelby for class membership in his decision to certify seven claims for class treatment, you do not have to take any further action to be a member of the class. The Class Notice documents are available in the Class Notice section. Judge Shelby’s decision on class certification can be found under the Case Documents section.
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7. How can I find out more?

You can keep track of this case by periodically checking this website. We will post major developments, pleadings, and press releases. If you would like to speak to one of our attorneys, please contact us through this website or call 1-415-233-7100.
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8. How can I help?

You help this case by contacting us and providing relevant information. You can also help this case by sharing this website with other current or former C.R. England lease drivers. And you can help this case by providing information about other witnesses who may have helpful information.

If you were a lease driver for C.R. England and Horizon and feel that you have been wronged by them you might consider helping by filing a complaint about them with certain governmental agencies including each of the following: the Federal Trade Commission, the Utah Attorney General, the Utah Division of Consumer Protection, the Indiana Attorney General (if you signed your lease and contractor agreement in Indiana) and the appropriate authorities in the State in which you live or lived while a lease driver.

If you have documents such as settlement statements, lease contract, independent contractor contract, the CR England business guide, please let us know and retain them.
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9. What will lease drivers get if Defendants lose or settle?

Plaintiffs are seeking an order to reform England’s practices, and to recover damages for the lease drivers who have been victims of its scheme. Plaintiffs also seek punitive damages. No amount has been set yet.
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10. Will it cost me anything to be included in this case?

No. There is no cost to you to be part of this case.
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11. How long will the case take?

As with any large case, this case may be subject to delays and appeals and may take several years to get to a final resolution. 
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12. What if I have other issues against C.R. England or Horizon?

This case only involves company-wide claims involving fraud and statutory violations. You may have other claims. We are generally not handling these other claims. However, if you believe you have other claims, please contact us and we will try to refer you to the right place.
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