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This settlement is closed!
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Kelly Services Inc. has agreed to settle a class action lawsuit alleging it violated the Fair Credit Reporting Act by conducting background checks on job applicants and employees without disclosures that were required by law.
If Kelly procured a consumer report on you between July 18, 2012 and Jan. 23, 2014, you may be entitled to a cash payment from the FCRA class action settlement.
The class action lawsuit alleges Kelly provided employees and job applicants with a FCRA disclosure form that contained a liability release, in violation of the FCRA. The disclosure was part of a form authorizing Kelly to conduct background checks on job applicants and employees.
According to the Kelly class action lawsuit, the background check authorization disclosure included a waiver and disclaimer that released Kelly from any liability, which is prohibited under the FCRA.
The first allegedly improper sentence stated: “To the fullest extent permitted by law, I release Kelly, its employees, agents, successor and assigns, from any and all claims, actions or liability whatsoever that are in any way related to the procurement of a consumer report about me, or any subsequent investigation(s) of my background or personal history.”
The second allegedly improper sentence stated: “I understand that this Authorization is not a contract for continued employment and does not alter the at-will nature of my employment or offered employment.”
Plaintiffs Lasandra Hillson, Steven Bohler and Ashley Schmidt claim that the inclusion by Kelly of the waiver and disclaimer on the disclosure form violated the FCRA’s stand-alone disclosure requirement.
Kelly denies the allegations but has agreed to settle the FCRA class action lawsuit to avoid the risk and expense of ongoing litigation. Approximately 221,216 Class Members are eligible for benefits from the Kelly class action settlement.
In addition to providing cash benefits to eligible Class Members, Kelly has also agreed not to include a liability release on its FCRA disclosure form for five years. Class Members are also entitled to receive a free copy of any consumer report that is procured by Kelly.
The Kelly FCRA class action settlement was preliminarily approved on Jan. 23, 2017.
If you would like to opt out of or object to the Kelly FCRA class action settlement, you must do so no later than April 10, 2017.
Who’s Eligible
Class Members of the FCRA settlement include: “All persons on whom Kelly procured a consumer report pursuant to the Fair Credit Reporting Act during the period from July 18, 2012 through January 23, 2014, and whose initial hire date at Kelly was during the period of time when Kelly was providing new applicants with a disclosure form that contained a liability release.”
If you are not sure if you are a Class Member, contact the Settlement Administrator at 1-888-221-9824 for more information.
Potential Award
$90 or $272 (estimated)
The actual amount each Class Member will receive depends on several factors, including the number of timely and valid Claim Forms that are returned.
If Kelly’s records indicate a Class Member was “Adjudicated Ineligible,” that Class Member will receive an estimated payment of approximately $272, and Class Members who were not will receive an estimated payment of approximately $90.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
4/25/2017
Case Name
Hillson, et al. v. Kelly Services Inc., Case No. 2:15-cv-10803, in the U.S. District Court for the Eastern District of Michigan, Southern Division
Final Hearing
8/2/2017
UPDATE: The Kelly Services Background Check settlement was granted final approval on August 11, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Hillson v. Kelly Services Inc.
P.O. Box 4234
Portland, OR 97208
1-888-221-9824
Class Counsel
Anna P. Prakash
NICHOLS KASTER PLLP
E. Michelle Drake
BERGER & MONTAGUE PC
Ian Lyngklip
LYNGKLIP & ASSOCIATES CONSUMER LAW CENTER PLC
Defense Counsel
Gerald L. Maatman Jr.
Pamela Q. Devata
Laura J. Maechtlen
SEYFARTH SHAW LLP
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153 thoughts onKelly Services Background Check Class Action Settlement
The class action isnt simply for people who were denied employment at Kelly. Its due to the language that is included in their old background check form that was issued during the time period thats listed in the information above, which they have since changed that language on their forms. So basically if you applied and did completed that form agreeing to the background check during those dates-you are likely eligible to be included in the settlement.
How do I apply
I worked an assignment for Kelly during this period.How do I determine
If I qualify?
I applied for a job with Kelly services around that time frame what do I need to do?
I was in the one with Thomas vs background checks too, won a little over 3,000.00 and another 104.00 after the 3 grand, I have applied to Kelly services also, got denied because of my background check I didn’t know they were running on me, got fed up and now I don’t work because i am not about to work for crooks or liars, they never tell you they aren’t going to get you full time , hired in employment, i had 2 sons I was supporting in Ohio and got screwed out of jobs by the temp services all the time , they are a waste of people’s time and energy. I’d like a claim on this to, cause they sure used my background check ( that was wrong and I told them it was wrong) to not give me a job and my credit was used against me too, how is a person supposed to fix that stuff if they can’t get a job??????
I applied with Kelly services years ago. I took more than several hours in their office, taking their proficiency and skills tests. I was offered a good position before I left that day.
The time it took for me to dive home from their office to the time I got home, they had left a message for me that the job offer was recanted, and I no longer could work for them due to criminal background check information.
The same happen to me.
I got turned down in Dallas, Texas because of background check. Hope I qualify.
I applied for a job with Kelly and was denied because if background check.
years ago I applied at kelly services, and they never called,
I have been denied employment ineligible for employment because my credit
How do I get my claim #?
Lynn, it says it in the information above in the article. Just read it; all the information is there.
They have denied me employment on several occasions because of a low credit score , claiming i was a high risk to their company . I needed to have a score of 850 to grant me with an interview .
i got turned down for work at the kelly services in fremont ohio for ab ackground check as in the walmart case of information that is not even me i did the background one of you guys thomas verses background check .com and won like 3thousand and some dollars and a extrsa 103 a couplke weeks ago these credit reporting or on line back grounds say im a african american womenn locked up in north carolina im a white lady in ohio never been to north carolina im trying to submit a claim but dont got a claim number please cotact me with one aprilhoward 4195540776, or po. box 493 tiffin ohio 44883 or aprilhoward4242yahoo.com cause i am a member and this one defintly applies to me. thanks april