Publix Background Check Class Action Settlement

Publix Super Markets Inc. has agreed to settle a class action lawsuit that alleges it violated the Fair Credit Reporting Act (FCRA) by failing to provide legally required disclosures prior to obtaining background reports. If you applied for a job at Publix, you could be entitled to compensation from the FCRA class action settlement.

The plaintiffs allege Publix violated FCRA by procuring background checks on employees and job applicants without providing a “stand alone” disclosure informing them that a background check would be procured for employment purposes.

“Defendant’s practices violate a fundamental protection afforded to employees under the FCRA, are contrary to the unambiguous language of the statute and are counter to longstanding judicial and regulatory guidance,” the Publix class action lawsuit alleged.

Publix denies the allegations but agreed to pay $6.8 million to settle the FCRA class action lawsuit. The Publix class action settlement was preliminarily approved on July 28, 2014. In addition to providing compensation to eligible Class Members, Publix has also agreed to revise its FCRA disclosure and authorization notice to ensure it complies with the law.

Who’s Eligible

Class Members of the Publix class action settlement include anyone who applied at any Publix retail store and whose application included a liability release regarding consumer reports in electronic or written form and on whom Publix procured a background check for employment purposes at any time from March 12, 2012 through May 13, 2014.

Potential Award

$48

Proof of Purchase

N/A

Update Your Address

Claim Form Deadline

N/A. Class Members do not need to submit a claim to be eligible for benefits from the Publix class action settlement. They will automatically receive a check in the mail after the settlement is approved and all appeals (if any) have been resolved. If you need to change your address, you may do so at the settlement website or by clicking the link above.

UPDATE: The Publix Super Markets class action settlement received final approval from a Tennessee federal judge on Nov. 12, 2014. As a result, settlement payments of $48.55 were mailed on Nov. 26 to all Class Members who did not opt out of the class action settlement. The Publix settlement checks must be cashed on or before May 25, 2015.

Case Name

Erin Knights and Tresca Prater, et al. v. Publix Super Markets Inc., Case No. 3:14-cv-00720, in the U.S. District Court for the Middle District of Tennessee

Final Hearing

11/10/2014

Settlement Website

www.FCRAPublixSettlement.com

Claims Administrator

Dahl Administration LLC
6465 Wayzata Blvd., Suite 420
Minneapolis, MN 55426
Knights@DahlAdministration.com

Class Counsel

NICHOLS KASTER PLLP
HARDIN & HUGHES LLP
FRIED & BONDER LLC

Defense Counsel

OGLETREE DEAKINS NASH SMOAK & STEWART PC