Kenneth McKay and Charles Roberts filed the suit alleging C.R. England was violating the Truth in Advertising Act, the Utah Business Opportunity Disclosure Act and the Utah Consumer Sales Practices Act and that the company was committing fraud, negligent misrepresentation, unjust enrichment and breach of fiduciary duty, according to a court document.
The lawsuit claimed C.R. England and Horizon “concealed that the entire driving opportunity was a fraudulent scheme designed to bilk the drivers out of their labor and to have the drivers pay the defendants’ expenses associated with transporting goods,” according to a court document filed in August 2012 in the United States District Court for the District of Utah.
The total of $68,500 will be requested in the settlement to pay for incentive rewards for plaintiffs McKay and Roberts’ estate.
A final approving hearing is scheduled for July 9, during which the court will determine to approve the settlement; whether the plan for allocating the settlement benefits is fair and reasonable; whether to approve the incentive awards for McKay and Roberts’ estate; and whether to approve the application of class counsel for attorneys’ fees and expenses.