Wells Fargo Background Checks Class Action Settlement

Wells Fargo Bank has reached a class action settlement in the amount of $12 million to resolve claims that the financial institution denied employment to a man based on the results of his consumer report obtained for employment purposes.

The plaintiff representing himself and the Class, Terrell Manuel, stated that he applied for a job with Wells Fargo Bank. As part of the application, an employment-purposed consumer report was obtained about Manuel.

Manuel claimed that not only did Wells Fargo deny him employment as the result of the report, he said Wells Fargo did not supply him with a personal copy of the report, nor did they provide required disclosures five or more days before his employment was denied.

Both parties agreed to the background check class action settlement, and Wells Fargo has denied any wrongdoing and asserts that the settlement is not an admission of liability.

Should you choose to exclude yourself or object to the settlement, you must do so by Feb. 23, 2016.

Who’s Eligible

There are two separate Classes that were certified by the Court in this case: the Adverse Action Class and the Impermissible Use Class. All members of the Adverse Action Class are also members of the Impermissible Use Class.

The Adverse Action Class is comprised of individuals who applied for employment with Wells Fargo between April 1, 2012 and Nov. 30, 2015, and, as part of the application process, were the subject of a consumer report obtained by Wells Fargo. Wells Fargo made an employment decision based on a consumer report and did not comply with the requirements of the Fair Credit Reporting Act because Wells Fargo did not send a copy of the consumer report to applicants at least five business days prior to taking an adverse employment action. If the Court approves the Settlement, each member of the Adverse Action Class will receive $75. There are approximately 6,254 individuals in this Class.

The Impermissible Use Class is comprised of individuals who applied for employment with Wells Fargo between April 1, 2012 and May 31, 2015, and, as part of the application process, were the subject of a consumer report obtained by Wells Fargo when it was using disclosure and authorization forms from First Advantage. If the Court approves the Settlement, each member of the Impermissible Use Class will receive a pro rata share of the Settlement Amount. There are more than 244,000 individuals in this Class.

Potential Award

$75 for the Adverse Action Class

Varies for the Impermissible Use Class

Proof of Purchase

N/A

Claim Form Deadline

N/A.

There is no Claim Form for this Wells Fargo class action settlement. All eligible Class Members have been issued a notice as a result of their application with Wells Fargo during the time period indicated. A check will be mailed to eligible Class Members after the final hearing if the settlement is approved.

If you did not receive a notice but you believe you are part of the Settlement Class(es),  you may contact the Settlement Administrator directly for more information.

Case Name

Manuel, et al. v. Wells Fargo Bank, National Association, Case No. 3:14-cv-00238-REP-DJN, in the U.S. District Court for the Eastern District of Virginia.

Final Hearing

03/15/2016

Settlement Website

www.WellsFargoClassAction.com

Claims Administrator

Manuel v. Wells Fargo Bank, N.A.
Exclusions, c/o Settlement Administrator
PO Box 3076
Portland, OR 97208-3076

877-841-8155

WellsFargoClassAction@CLALegal.com

Class Counsel

Leonard A. Bennet, Esq.
Susan M. Rotkins, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.

Christopher Colt North, Esq.
William L. Downing
THE CONSUMER AND EMPLOYEE RIGHTS LAW FIRM, P.C.

Defense Counsel

Jimmy F. Robinson Jr., Esq.
Clay Rollins, Esq.
OGLETTREE, DEAKINS, NASH, SMOAK & STEWART, P.C.