Dylan Awbrey (“Plaintiff” or “Class Representative”) filed a lawsuit against Cogent Communications, Inc. (“Defendant”) on behalf of theirself and a class of similarly situated applicants for employment. The lawsuit, Awbrey v. Cogent Communications, Inc., No. 24-2-11151-4 SEA (the “Lawsuit”) is currently pending in King County Superior Court. Plaintiff claimed in the Lawsuit that Defendant’s job postings for open positions in the State of Washington did not disclose the wage scale or salary range being offered in violation of the Washington Equal Pay and Opportunities Act, RCW 49.58.110. Defendant disputes Plaintiff’s claims and contends it has not violated the law.
The Court has not made any determinations regarding the merits of Plaintiff’s claims and it has not decided whether Defendant violated the law.
The parties to the Lawsuit (the “Parties”) have reached a proposed Class Action Settlement, which includes a total payment by Defendant of $264,475 (“Common Fund”). On March 28, 2025, the Court issued an order preliminarily approving the settlement and authorizing Settlement Administrator Simpluris, Inc. (“Settlement Administrator”) to issue the Notice.
Class Members are receiving the Notice because Defendant’s records indicate they are eligible to participate in the settlement as a member of the Settlement Class. “Settlement Class Members” include “Plaintiff and all individuals who, from January 1, 2023, through the date of preliminary approval, applied for a job opening in the State of Washington with Defendant through a job posting on Defendant’s website or an authorized third-party recruiting channel, where the job posting did not disclose a wage scale or salary range and/or a general description of benefits or other compensation to be provided to the hired applicant.”
The Court still has to decide whether to approve the settlement. No settlement benefits or payments will be provided unless the Court approves the settlement and it becomes final.
Please read the Notice carefully. Your legal rights are affected regardless of whether you act or not. For complete details, please see the Settlement Agreement, the terms of which control, available here.
Your Legal Rights and Options in this Settlement | |
If You Receive a Notice by Mail | If you received a Notice via mail, you do not need to do anything and you will remain in the Settlement Class, receive a settlement payment, and will release certain claims against Defendant. |
If You Only Received an Email Notice | If you only received a Notice to your email address, you will remain in the Settlement Class, and will release certain claims against Defendant, but you will not receive a settlement payment unless you provide the Settlement Administrator with your valid mailing address. |
Exclude Yourself from the Settlement | If you request to be excluded, you will no longer be in the Settlement Class and will not receive a settlement payment. This is the only option that allows you to keep any right to sue Defendant about the same legal claims in this Lawsuit. The deadline to request exclusion from the settlement is July 15, 2025. |
Object to the Settlement | Write to the Court explaining why you do not agree with the settlement. You must not exclude yourself from the settlement if you wish to object. The deadline to object is July 15, 2025. |
Attend the Final Approval Hearing | You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on August 1, 2025, at 9:00 a.m. |
Upcoming Important Dates
Opt Out Deadline
7/15/2025
Objection Deadline
7/15/2025
Final Approval Hearing
8/1/2025 at 9:00 a.m.