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This settlement is closed!
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Express Services Inc. and Express Personnel – Philadelphia have agreed to pay $5.75 million to settle a class action lawsuit alleging they took adverse action against job applicants without providing prior notice as required by law.
If you resided in Pennsylvania, New Jersey, Delaware or the Virgin Islands, applied for a job with Express Services or Express Personnel and were subject to adverse action based on the contents of a consumer report obtained by defendants, but you were not provided with a copy of the report or informed of your rights under the Fair Credit Reporting Act, you may be entitled to a cash payment from this class action settlement.
The Express Personnel class action lawsuit was filed by plaintiff Jose Flores, who alleged Express Personnel and Express Services violated the FCRA by failing to provide the required pre-adverse action notice to job applicants and employees. These laws are intended to allow job applicants and employees to correct any inaccuracies in background check reports before the employer takes adverse action against them.
The defendants maintain they did not violate the law, but agreed to settle the FCRA class action lawsuit to avoid the expense and uncertainty of ongoing litigation. It is estimated that 36,848 Class Members may be eligible for payment from this FCRA class action settlement.
The Express Personnel class action settlement received preliminary approval on Oct. 28, 2016.
Class Members who wish to object to the FCRA settlement must do so no later than Jan. 27, 2017. If you would like to exclude yourself from the class action settlement, you must do so by Feb. 8, 2017.
Who’s Eligible
Class Members of the Express Personnel settlement include anyone who resided in Pennsylvania, New Jersey, Delaware or the Virgin Islands who: “(i) within two years prior to the filing of the Complaint; (ii) applied for employment with Defendants; (iii) were the subject of a consumer report used by Defendants for employment purposes; (iv) were the subject of an adverse employment action by Defendants; and, (v) were not provided with a copy of the report and/or a written summary of their rights under the FCRA prior to the adverse action.”
Potential Award
$50, or if you incurred damages as a result of the failure of the defendants to provide you with pre-adverse action notice under FCRA, you may file a claim for damages up to $2,500.
Proof of Purchase
None required.
Claim Form
Claim Form Deadline
5/8/2017
NOTE: Class Members do not need to file a Claim Form in order to receive a payment of $50. If you intend to file a claim for damages, you must submit a Claim Form indicating the amount of damages you incurred.
Case Name
Flores v. Express Personnel, Case No. 2:14-cv-03298, in the U.S. District Court for the Eastern District of Pennsylvania
Final Hearing
3/9/2017
Settlement Website
Claims Administrator
Flores v. Express Personnel Settlement
c/o Settlement Administrator RSM US LLP
P.O. Box 1607
Blue Bell, PA 19422
1-800-222-2760
questions@FloresExpressClassAction.info
Class Counsel
James A. Francis
David A. Searles
FRANCIS & MAILMAN PC
Defense Counsel
Donald Gamburg
OGLETREE DEAKINS NASH SMOAK & STEWART PC
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5 thoughts onExpress Personnel Background Check Class Action Settlement
Express was the worst agency I ever applied with.
same
Another one that isn’t in my State or area, I have applied at every temporary service place there is around my state and area, can’t get a job cause they do a credit and background check without my knowing it, my record is clean.
This happened to me in Michigan as well.
Me too.