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A California federal judge has officially signed off on a $3 million Home Depot class action lawsuit settlement which will end allegations that the home improvement retailer violated the Fair Credit Reporting Act by using improper background check forms on job applications.
On Friday, U.S. District Judge David O. Carter agreed to the terms of the Home Depot class action settlement stating that “after considering the monetary recovery provided by the settlement in light of the challenges posed by continued litigation, the Court concludes that the settlement provides Class Members with fair and adequate relief.”
Lead plaintiff Irene Fernandez filed the Home Depot class action after applying for a job in 2011. According to Fernandez, she was asked to sign two background check authorization forms as part of the application process.
The Home Depot background check class action lawsuit alleges that the forms Fernandez was required to sign violate the FCRA because instead of merely disclosing that the retailer would be obtaining a consumer report, it also included provisions that would release Home Depot from all repercussions or liability if the application provided false information.
Both parties originally agreed to a $1.8 million settlement back in April of 2015, however Judge Carter asked for a revision of parts of the agreement including the payment structure. The amended Home Depot class action settlement was submitted in July and finally approved of on Friday.
The Home Depot employment check class action lawsuit settlement will be open to all Class Members who applied for jobs at Home Depot between April 24, 2011 and July 27, 2015 who signed the AIMS or 2009 Form.
Home Depot settlement Class Members will receive a settlement check without having to fill out a Claim Form. However, there will be a exclusion deadline for Class Members who want to opt-out of the settlement agreement.
In addition to the settlement fund, Home Depot also agreed to stop using the allegedly improper background check forms and only use ones that comply with the FCRA in the future.
Home Depot has not admitted to any wrongdoings but agreed to the settlement in order to avoid the cost of further litigation.
More information about the Home Depot class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
The plaintiff is represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohby and Cody R. Padgett of Capstone Law APC.
The Home Depot Background Check Class Action Lawsuit Settlement is Fernandez v. Home Depot USA Inc., Case No. 8:13-cv-00648, in the U.S. District Court for the Central District of California.
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12 thoughts onHome Depot to Pay $3M in FCRA Class Action Lawsuit Settlement
I too was contacted and was an employee for home Depot and was sent a letter. Could someone please contact me as to the results of this case, as I qualify during such time of employment and also signed these forms. Thank you
When you go to the kcc link that you sent, there is no way to contact them for inquiry. Please help?
I started working for Home Depot in July if 2011 will I be considered in this law suit
You should contact the settlement administrator or class counsel with questions about your status as a class member. The settlement administrator was KCC: http://www.kccllc.com/. Class counsel is listed at the bottom of the article, and can be Googled for contact information. Good luck!
I don’t think KCCLLC handles the Fernandez v. Home Depot USA Inc., Case No. 8:13-cv-00648. I think they only handled Home Depot Breach Settlement.
I WAS SENT NOTIFICATION OF BEING INCLUDED IN THE CLASS ACTION SUIT AGAINST HOME DEPOT AND HAVE NEVER BEEN CONTACTED ABOUT THE SETTLEMENT
You should contact the settlement administrator or class counsel with questions about your status as a class member. The settlement administrator was KCC: http://www.kccllc.com/. Class counsel is listed at the bottom of the article, and can be Googled for contact information. Good luck!
I used to work for home depot and I moved from the address they sent the forms to let me know I was involved in the class act Law suite
what if you moved out of the state where you use to work for home depot.
What if you work for Home Depot? Would a person who is an employee for them qualify for this law suit?
My kids and I have applied to this job as well– I want to be included because this totally applies to us back in 2011