Criminal Background Check LawsuitTwo Verisk Analytics Inc. units agreed to pay $18 million to settle three proposed class action lawsuits that allege the company violated the Fair Credit Reporting Act (FCRA) by failing to take reasonable measures to ensure the accuracy of background check reports provided to prospective employers.

The putative class action lawsuits targeted two Verisk units: Intellicorp Records Inc. and Insurance Information Exchange LLC. These companies provide consumer reports including background checks. In their class action lawsuits, the plaintiffs accuse the companies of violating the FCRA by providing incorrect, outdated or incomplete information to potential employers. Specifically, they argue that the defendants failed to provide certain consumers with copies of their consumer reports before delivering them to prospective employers and that the companies failed to take reasonable steps to ensure the accuracy of the reports.

The class action lawsuits alleged a number of issues with the background checks that were sent to prospective employers. Plaintiff Jane Roe (a pseudonym) indicated that a prospective employer received a copy of her background check that omitted material information that was available in public records, claiming that Intellicorp relied on out-of-date information when creating the report.

Plaintiff Michael Thomas, who claims he has no prior criminal history, accused Intellicorp of including the criminal history from other individuals. Due to this error, he claims he was falsely identified as a criminal and was thus disqualified from employment. Plaintiff Mark Johnson raised a similar complaint against Insurance Information Exchange.

The FCRA is a consumer protection statute that requires consumer reporting agencies to create policies that are fair and equitable to consumers with regard to the collection, dissemination and use of their consumer and credit information. In their class action lawsuits, the plaintiffs allege that the companies “fail to use ‘reasonable procedures’ necessary to ensure the ‘maximum possible accuracy’ of the reports they sell.” They also claim that Intellicorp violated the FCRA by failing to notify consumers when it compiles and sells a consumer report to an employer.

The defendants have denied all allegations set forth in the class action lawsuits, insisting that they complied with the FCRA at all times.

By filing the class action lawsuits, the plaintiffs were seeking a statutory damage award between $100 and $1,000 as permitted under the FCRA. 

Proposed Class Members include all U.S. residents who were the subject of one or more consumer reports provided to a third party by Intellicorp or Insurance Information Exchange for employment purposes, which contained a “Criminal SuperSearch” result reflecting an arrest or conviction between April 16, 2010 and Sept. 16, 2013.

The parties agreed to a class action settlement amount of $18.6 million, which is equal to the monetary value of free consumer reports to all putative Class Members. The consumer reporting agencies also agreed to update and improve their reporting policies to maximize the accuracy of the reports.

The parties are also seeking to consolidate the three actions into a single class action lawsuit.

The proposed class action settlement is still subject to Court approval.

The plaintiffs are represented by O’Toole McLaughlin Dooley & Pecora Co. LPA, Chavez & Gertler LLP, Consumer Litigation Associates, Lyngklip & Associates Consumer Law Center PLC, The Law Offices of Devin H. Fok, A New Way of Life Reentry Project and Cohen Rosenthal & Kramer LLP.

The class action lawsuits are Jane Roe, et al. v. Intellicorp Records Inc., Case No. 1:12-cv-02288; Michael R. Thomas, et al. v. Intellicorp Records Inc., Case No. 1:12-cv-02433; and Mark A. Johnson, et al. v. Insurance Information Exchange LLC, Case No. 1:13-cv-00616, all in the U.S. District Court for the Northern District of Ohio, Eastern Division.

UPDATE 1: Details on how to file a claim for the Intellicorp Background Check Class Action Settlement are up! Eligible consumers can receive between $50 and $2,000 if they file a valid claim by the April 21, 204 deadline.

EDITOR’S NOTE: The Claim Form for this settlement requires you to enter the last 4 digits of your Social Security Number. This appears to be the way the Settlement Administrator will verify that you were subject to an improper background check by the defendants. We ALWAYS encourage our readers to protect their personal information by confirming with the Settlement Administrator and/or law firms handling a case to ensure that such information  is required. We are NOT a law firm or Settlement Administrator and cannot advise you on if you should submit your SSN. Information on how to contact the Settlement Administrator and law firms for the Intellicrop Background Check Class Action Settlement can be found at www.IntellicorpClassAction.com.

 

UPDATE 2: A federal judge granted final approval to the Intellicorp background check class action settlement on June 5, 2014. The first round of payments could be going out at the end of the summer/early fall and the second round in early 2015, according to some reports.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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91 Comments

  • Deborah anderson November 18, 2013

    information about claim

  • damon December 2, 2013

    any new information on how to file a claim?

  • Dustin January 13, 2014

    You will be getting paperwork in the mail. I just filled mine out.

  • Christen January 15, 2014

    I recieved my paperwork in the mail and I am concerned that they are requesting us to fill in our SSN along with All of our other personal info.

    • Jessica January 15, 2014

      I got a letter in the mail and it wants my personal info to start a claim like ssn im afraid to put it down what if this is a fruad I dont even no what its really for or what job used the company they are sueing.

      • Cathy January 15, 2014

        Jessica, I do not know what company/companies this is for either. I am going to look it up on snopes.com and see if it is legit.

        • audrey January 16, 2014

          Plz comment back if it is legit….I felt uneasy about it asking for all my personal info

          • Kevin February 22, 2014

            I checked it out, i got the background check they used and it seemed legit. P.S. they did ommit information from mine that made my minor traffic incident seem like something much more serious. So it pays to check it out

    • Robert Allison January 16, 2014

      I have reeived my Inaccuracy Fund Claim Check Form and they are requesting my SS number. I have had several employers during the time period this lawsuite covers and don’t even know who got the incorrect information. Is this legit and do if they had my name and address to send this to me, why don’t they already have my ssn.

      Robert

    • Jay January 30, 2014

      I got one in the mail but like you, I am concerned that I have to put my social security information. Could this be just a scam?

      • lorna devon August 18, 2014

        I did it, as they had me down that I spent a year in prison! Not a day even! I just received a check. Take the time to report it. It is a legit check to cash or deposit.

    • Nene November 7, 2014

      I jus received my check today for $327.00

      • coop November 8, 2014

        I received the same amount today……..

      • Equilla Black November 8, 2014

        Hello! I just received a check for 327.00 do we get more or is this it???

      • Amanda November 11, 2014

        Hello, I also received a check in the amount of $327.04 was told I was going to receive a check up to $2000. I have not cashed or deposited the check as I didn’t know if this was a another scam can you tell me if you cashed it and it is indeed a legal document.

  • Kim Williams January 15, 2014

    I received stuff today stating I could receive up to 2,000 dollars and have no clue really what this is about.

  • Kim Williams January 15, 2014

    I have heard there is a Hospital in Normal Illinois that does a credit report before hiring people so maybe this is kinda what its about, they gave out false information maybe, I dont know what job used Tellicorp and how are we suspose to know

  • Jessica Smith January 15, 2014

    I am very clueless of what this is about.i don’t know what employer used my information.

  • Sandra January 15, 2014

    I received a letter about a background check and filling a class action law suite. I don’t have a criminal record-WHAT are they talking about. I will not send my personal information OUT.

  • Jac January 15, 2014

    I got the same thing… is this real or what?

  • Jac January 15, 2014

    is this scam? what kind of jobs have you guys been applying to?

    • Jake January 23, 2014

      My first instinct was that it was a Scam. I just got the same letter a week ago and I have not applied for many jobs.. particularly a job that would even do a background check. I would say it is not worth it to give out any personal info for a possible couple hundred or even a $1000.

  • Sarah January 15, 2014

    I just got my letter too ! I have no clue what this is so if someone could explain it to me or give me a site to look up info on it I would appreciate that. I’m going to call the 1-800 number in the morning but if anyone finds out anything faulty plz post it here so no one will get scammed plz & thanks !

  • stacey January 16, 2014

    I got a letter in the mail, I feel very uncomterable giving out my personable information . I would appreciate some more information .

  • Lisa January 16, 2014

    I got a similar letter about a different company several years ago, and they already had all my info and the exact dates of the violation by the company and the exact dates that I was employed/affected by their actions. They just wanted me to check a box yes/no if I wanted to participate in the settlement, and they wanted me to sign a waiver saying that when I did get my share of the money, that I could not sue any further on my own! That was it. THIS IS NOT LEGIT-DO NOT GIVE OUT YOUR INFO.

  • Linda January 16, 2014

    Research the information or take It to a lawyer. I am.

  • Justin January 16, 2014

    This is a massive scam. Whoever is behind it almost made it perfect. As we all know, nothing ever is. I called the 800 number on the letter. After an hour of fighting a machine, I finally got a human, a particularly dumb one. For legal purposes, we will say her name is “Sally”. I proceeded to ask “Sally” what this was all about. Basically, she read a scripted response, which was obvious because she answered every question I had with the same response. “We understand that you are a little troubled about this confusing situation, but we want you to know that we are here to help you.” “Whos we?” “Tje law firm handling the case.” “Ok, what is the case? How do you know that I as an individual have been wronged? How did you gain access to my records to find out?” “We are not allowed to indulge that information at this moment, but if you give us some personal information, DOB, SSN and your last 3 addresses, we can further assist you”. After that I had some choice words for her, then hung up on her. Regardless, its a scam, dont fill it out. Apparently someone fell for it and woke up the next day with an empty bank account.

  • victoria January 16, 2014

    hey i wants going on with this letter is it true about the 2,000 dallors can somebody tell me

  • victoria January 16, 2014

    i meant to say wants going on with this letter about the lawsuit and getting 2,000Dallors is it true

  • victoria January 16, 2014

    will im gonna take my paper work to a lawyer to see want they tell me

    • amelia January 21, 2014

      I got that same letter. please post your results…Im not about to give out any personal information. The world is to kurupt now days.

  • Jim bob January 16, 2014

    100% out right identity taking bank draining family stalking scam don’t do it

  • LED January 19, 2014

    This does not sound good. I got this letter too about receiving some 2000 if I fill some paperwork that I got.
    Can someone tell me what this is all about. If anyone gets a legal advise on this, can you please let us know.
    Thanks

    • Legal January 23, 2014

      I am a paralegal and just had a client bring this form to me. Please!!!! Do not fill this out! I cannot stress enough that this is not legit. Just like many previous comments on this, if you read the form carefully, you will see that it is not legit! Intellicorp Records claims to be the reason, your information leaked so they should have all the information they request already! Big Red Flag! I’ve done more research and nothing adds up. Another thing is the very first sentence… IF the Court approves. Well, as long as there is no settlement in place, there is no reason for them to contact you and get the information. So please, do not fall for this!

      • Anita Brown February 10, 2014

        Omg!!! Ive been a victim of identity theft, and i thought that maybe finally ! I can get compensation! ! And. How in the world did they contact me ? ..im so tired of these thieves! !! I just today had to fight a issue bc of identity theft in nc ! Wow ! I pray these scammers be exposed !!!

  • Arbie January 19, 2014

    Don’t do it if you do not feel comfortable. It sounds too good to be true! I got something similar in the mail a few months ago- it was called a prayer rug- they wanted me to pray on a piece of paper with Jesus on it and then send them money and they claimed it would bring about money for me in the “future” I must be on some list that preys on old ladies- geez- I also got a “million dollar bill” in the mail from another church organization- telling me my reward will come in heaven and to support their mission with money now- must have lived at this address too long- getting weird mail- scams get more and more sophisticated

  • Eric January 22, 2014

    I’m going with it’s a scam, I worked for the same employer from 2000 to the end of 2012, and have worked for myself since, and I didn’t do a background check on myself.

  • Jake January 23, 2014

    Since NONE of these people getting this letter have any Idea WHY they are getting it, Seems like a dead giveaway that this is a SCAM.

  • Jessica Hubbard January 26, 2014

    I don’t feel this is a scam. I have been mailed the same paperwork. In the past I was mailed paperwork in the same context where you have to put your full ssn. That class action claim was a gift card company who failed to tell callers there call was being recorded. I did receive $500. It wasn’t a scam even how skeptical I was. This as well, do your research. I have recently been applying to many jobs that last few months. It states they are agreeing to pay 18Mil to the claim. I’m going to send these papers to my employee law attorney just to get his advice too.

    • MS.love February 3, 2014

      i agree jessica

  • shiquita perry January 27, 2014

    I received my paperwork last month. I filled it out online and requested a copy of the criminal background report that Intellicorp sent to a possible employer. It did in fact have a injury to personal property charge that was dismissed because they had the wrong person and the defendant never showed up for court. It is not on my report as being dismissed. If you have applied to a job between April 2010 and Sept 2013, and was denied employment because of your background, then you need to fill out these form so that you can get some of the settlement and they HAVE to fix your background report also. Even if I only get $50, it is worth it.

    • MS.love February 3, 2014

      true!

    • Anita Brown February 10, 2014

      Thanks for sharing this ! And yes ! I really was ! And need that cash !

  • MS.love February 3, 2014

    this isn’t a scam i did my paper online as well i also lost several jobs bc of false information from background checks which left me puzzled.down to the job i’am working now first time i applied got turned down applied again got the job damn sure wasnt going to say no the first time i apllied i was denied bc of my background check.i have recently re ocated and was blown with all the jobs denied bc of my background check coming back with who knows what.PLEASE SIGN MAIL IN OR DO OVER THE INTERNET THE MORE THE BETTER CHANCE WE HAVE I WANT WHAT IS OWED TO ME ITS NOT FAIR.P.S SIGN IT!

    • Anita Brown February 10, 2014

      Tjanks for sharing this i did do mines on line ! A few weeks ago and i was also denied jobs and let go of one ! This has been a thorn in my side !

  • james February 4, 2014

    I think were owed more than just $50 or $2000. My time isn’t cheap, and since they screwed up I think we all should be paid a whole hell of lot more than just $2000! I’m filing my paper work. Good luck to all you guys out there that got screwed. I also want some damn answers about this claim.

    • PAT February 4, 2014

      just call the number if you don’t trust this. I did and I got a copy of what was sent to the employer and who the employer was. Mine was criminal information for 2 people with similar names and different gender. You can also look up the case. Do it. We deserve to get it straight and get compensated.

      • Kevin February 6, 2014

        who did you call pat?

    • Anita Brown February 10, 2014

      Thats right !!! James !!!

  • Kevin February 6, 2014

    I filled out my papers and I sent them in yesterday and I think it is not a scam.

  • Brandi April 2, 2014

    I thought it was a scam too. I requested a copy of the background check. They included info about someone else with similar name. Person was in jail and had a long criminal record.

  • Nicole April 7, 2014

    I was terminated from a job after 3 months employed, a new healthcare company took over and I received this settlement letter before my reason for termination and you bet I filled out my letter and returned it, I was wrongfully accused of something I had no knowledge of and YES it is legit, not a scam and definitely worth filling out…I’m patiently waiting on my reward, and that will be well worth my 3 months at 7.35 an hour

  • andrew April 19, 2014

    i think it is legit. i have researched it and seems to be right. i did apply for jobs at this time frame and was surprised at not getting certain jobs i was over qualified for. i will say i have had class action settlements like this 4 other times with credit cards and stuff. i recieved any where from 7 dollars to 150. PLEASE REMEMBER ITS UP TO 2000 DOLLARS DEPENDING ON THE AMOUNT OF PEOPLE WHO FILE A CLAIM. so most likely we might get 500 dollars if were lucky im sure it wont even be 1000. i usually got closer to the lower end of the other class action settlements. you would be surprised how many people reply. the more people the less each person gets.

  • Derrick Bibb May 6, 2014

    I filed my claim for the Roe v Intellicorp lawsuit on Jan 16,2014 online and went to check it today and they cant find my claim does anybody know whats goin on or has anybody receive compensation.

  • Paul Lee May 12, 2014

    How do I find out how much I will receive from the settlement, and when ?

  • Ronald davis May 20, 2014

    I applied for a job went to the open House and the job was offerd to me a couple of days later I got a letter from the company saying that they had to Recend the job offer that they gave me because of a criminal background check of another person in calliforna

  • Henry May 23, 2014

    When will we find out anything
    When will we received it

  • k May 29, 2014

    HAS ANYONE HEARD ANYTHING?

  • Anthony June 8, 2014

    Has anyone recieved any money from this yet!?

  • saltwaterron June 9, 2014

    i have received 2 different answers in communications from those working the case..end of summer…early 2015…legal papers seem to indicate within 30 days after final hearing (may 23)…so i don’t know what to believe

  • christina falcon June 9, 2014

    I called about it today and they said it will be mailed out a chk by end of summer or latest 2015 so they said with in the next 6/9 months

    • saltwaterron June 10, 2014

      saw on another post concerning this that the most to be awarded is $200 because so many were involved

  • mishy June 22, 2014

    I emailed them and got a respond…here you go…

    Getting a letter doesn’t mean you get $50…there are 2 groups

    Some people were the subject of a Criminal Super Search but were not (by law) mailed a notification letter from intellicorp. They didn’t have to file a claim form.
    So they should all receive a check for $50 (end Summer early Fall)

    Some people may have been mailed the notification ….but their background check report had inaccurate information. They could receive up to $2000 in early 2015…but only IF THEY FILED A CLAIM FORM on the website (before the deadline)

  • Sarah Pierce June 26, 2014

    UPDATE: A federal judge granted final approval to the Intellicorp background check class action settlement on June 5, 2014. The first round of payments could be going out at the end of the summer/early fall and the second round in early 2015, according to some reports.

  • Donald August 13, 2014

    I don’t believe it’s a scam, I did in fact apply for a security officer job with a company and was denied employment due to a background check which stated that I was arrested when I never was arrested. I just feel uneasy that more information should be given to the people who were affected by this unusual circumstance. Also nothing has been taken from any of my accounts so far, and when you Google it, it’s plastered all over so at this point in time we’ll just have to wait and see what the end result is since now it’s been settled out of court.

    • Gloria November 10, 2014

      no scam, I receive mines today too, $327.00

  • VJ August 18, 2014

    Hello, I am one the approximately 545,000 Settlement Class Members this has affected and let me begin by saying I too assumed it was a scam so I understand your concern.

    This is not a scam I can assure you because although I have requested another copy (via e-mail) of the false background report I’ve already received one several months ago listing the exact previous employer of mine responsible for this awful thing happening as well as the criminal history of the person they mixed me up with (which is ridiculous to begin with because I am female and he is male and our names and birth years are completely different.)

    I received a check today and to prove it was real I verified the info online regarding the case:
    Roe v. Intellicorp Records, Inc. and I also contacted a representative on the matter as well and she was able to basically confirm that I was one of the many who was supposed to received one.

    I DID NOT fill out and or mail back any part of the three page document and I still received my check so, that right there is legit.

    This is stated on https://www.intellicorpclassaction.com/

    If you are a member of the Automatic Payment Class, a check in the amount of $50.00 was sent to you on August 15, 2014. You must cash or deposit that check by October 14, 2014 or it will expire and we will not be able to issue you a replacement check.

    If you have any further questions, please email questions@intellicorpclassaction.com or write the Settlement Administrator at:

    Roe v. Intellicorp Records, Inc.
    Settlement Administrator
    PO Box 1387
    Blue Bell, PA 19422

    • Gloria November 10, 2014

      No scam VJ I received my check today for $327.00

  • Nicole August 18, 2014

    My husband just got a $50 check in the mail and we filed nothing as we didn’t know abou it

    • Aileen August 18, 2014

      I just got a check too without filing a claim – are you going to call the # and do you think they will tell us what information was “stated in the background check”?

  • Aileen August 18, 2014

    I had no idea about this – never filed a claim and just got a check in the mail. I want to know what was said about me and more information before cashing the check!

  • Marie August 19, 2014

    My husband received a check for $50.00. Should we cash it?

  • Jennifer August 22, 2014

    I received a check yesterday for 50$ – I know for a fact that I had misinformation reported by Intellicorp for a Girls Scouts background check and it was a big hassle for them to fix it. This is real. Doesn’t necessarily have to be a background check for a job, could be for a volunteer organization too. I cashed the check at the bank. It was real. Just know if you cash the check, you sign away rights to file to claim a larger sum of money in the settlement.

  • David J August 22, 2014

    I got a check too.
    we all have applied to a job within the last 5 years. It is real, and intellicorp f***ed up, now they are paying up their fine.
    I wouldn’t trust these people with more info though.

    Just cash the check and forget about it. BUT ALWAYS CHECK YOUR CREDIT REPORT creditkarma is good.

  • Michelle August 29, 2014

    I just got a $50 check in the mail and I knew nothing about this. Now it’s too late to get a copy of the credit report they sent my employer, I can only get a current report. What good is that to me? It says I can file for $2000 but it’s probably too late for that now too. We should have been notified about this a LONG time ago, not after the fact.

    • ok November 3, 2014

      They sent out claim forms for the people who would be getting the 2000 check if you didnt receive that letter you couldn’t file it anyway.

  • mike October 25, 2014

    I never signed up for filing a claim for Roe v. Intellicorp and as far I know I was never affected by anything such as a losing a job or not getting hired etc. So how is it I got a $50 check?

    • kelly November 3, 2014

      Do it matter how? I mean really be thankful. Im pretty sure you done cashed it and its gone. *people I tell you*

  • Christina falcon November 6, 2014

    What state and city are chks being mailed out??

  • chris November 8, 2014

    Received check to day for 327.04

  • Lalaboo November 8, 2014

    I received a check today for 327.04. It’s not much but it’s better then nothing….we all really needed the $2,000 dollars….this is a big difference.

    • Greg November 8, 2014

      Same amount here…today also

  • Wendy November 10, 2014

    I got my check on 11/7/14. I filled out the packet more than a year ago and completely forgot about it. i received 327.04, but was a little hesitant to deposit the check into my bank account. Has anyone deposited their check yet? Has it cleared with no issues?

  • bossgoss November 10, 2014

    no scam, I receive mines today too, $327.00

  • bossgoss November 10, 2014

    I put mind in the bank sunday and today Is Monday have not cleared yet and it 2:00 pm

  • Ashlee November 10, 2014

    received a check back in August for $50 and then received one today for $327.04

  • Ashlee November 10, 2014

    also the check I received for $50 back in August was through the same bank US Bank and was on a green check. I had no troubles with it with my Bank when I deposited that one!!

  • Ashlee November 10, 2014

    So I know they said 1st round of payments would go out late summer early fall and 2nd round of payments would go out early 2015….so is there a chance we could all get another payment in 2015 or did this just happen earlier than expected and the checks received in the amount of $327 are the ones that were anticipated for 2015???????? anyone know?

  • Seth November 13, 2014

    For anybody that got the check but is worried about cashing it, mine has cleared without a problem. Yes, it does look a little strange since it is missing a watermark and its hard to believe you can get money for “free” but for what its worth this is legit and not a scam. Enjoy you lucky devils!

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