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Two job applicants who were denied employment based on background reports that falsely indicated they were criminals asked a Virginia federal judge Monday to certify their class action lawsuit against CoreLogic Inc. and National Background Data LLC, saying the companies’ alleged violations of the Fair Credit Reporting Act made it impossible for millions of job seekers to receive a fair shake from hiring organizations.
Plaintiffs Tyrone Henderson and James O. Hines Jr. argue in the Jan. 6 motion that their proposed class action lawsuit satisfies the Rule 23 standards for certification of three separate classes, as the key issue in the case is whether or not the company is bound by the rules of the FCRA.
Both Hines and Henderson were on the cusp of obtaining job offers, they say, until criminal background checks provided by CoreLogic to their prospective employer included allegedly faulty evidence of convictions, including one designation as a sexual predator. Had the company linked its data to Social Security numbers, the two argue that there would have been no issue. More importantly, both say they needed to either talk to the court in question or request a copy of their background report in writing from CoreLogic.
That does not jibe with the rules of the FCRA, which says that companies must notify consumers when they furnish a background report that contains information that may negatively impact their effort to get hired. CoreLogic alleges that since it does not provide the data directly to employers, but instead works with resellers including Verifications Inc. and ADP Screening, it is not bound by these laws.
Since the parties have already gone through partial discovery, the class action lawyer for the pair alleges that information has come up that belie this. While there is a clause protecting data providers who “maintain strict procedures designed to insure that [when public record information] is reported it is complete and up to date[,]” this should not apply to CoreLogic because the company’s own records indicate that the data they obtain is incomplete as it does not include Social Security numbers.
As the motion notes, “This omission is huge. There is no single identifier that is more important in narrowing and matching a search to a specific consumer. Defendant acknowledges this fact—that omission of SSN makes a correct match less likely.” To act without this information, the company should have provided a notice, and in fact there is a draft copy of such a notice for the resellers including ADP and Verifications, according to the motion.
Instead, while saying that the company is protected by the “strict procedures” standard of the FCRA, it includes contract language for resellers that notes its criminal background checks “do not comply with [California state statutes similar to the FCRA] for use in employment screening,” the motion states.
Henderson and Hines are requesting certification for three putative classes: a broad national class, and two sub-classes limited to reports sold to Verifications and to ADP. According to the motion, discovery has revealed that the national class would contain as many as 10 million consumers.
The plaintiffs are represented by Leonard A. Bennett of Consumer Litigation Associates PC.
The False Employment Records Class Action Lawsuit is Tyrone Henderson et al. v. CoreLogic Inc., et al., Case No. 12-cv-00097, U.S. District Court, Eastern District of Virginia.
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10 thoughts onJob Applicants Want False Background Check Class Action Certified
I was a National Award Winning Insurance Producer when I was terminated for no reason. I was shamed and scorned when terminated. I received no interviews or calls thereafter. At the 14th month of unemployment, harassment began by law enforcement and continued for the next five years. My family disowned me, I became homeless, and lost everything being arrested 8 times with falsified police reports by bullying and berating deputies. While on probation, I opted into a class action lawsuit against my employer where I was mischaracterized to be a child sex offender. My attorney paid no attention. I disputed it and received an apology letter and sorry for any inconvenience this may have caused you. I lost my insurance licensure last March from this and received a Federal Notice in Nov. 2019 stating that I had been reported falsely to be a sex offender to at least two background reporting companies, ADP/Avert. The company responsible is called Corelogic. My life was destroyed by the circulation of 15 pages of false child sex offender felony convictions which triggered misconducful law enforcement targeting on me after being wrongfully terminated from grossing $190k/yr. I have not recovered completely yet but have increased my health as I nearly passed away a handful of times over the past 8 years and don’t know if I’ll ever be able to work again at a six figure/yr. job that was abruptly ended with lies, shame, and scorn. I need to file per se damages against Corelogic for destroying my career, family relationships, reputation, credibility, and made me a target of law enforcement which killed my neighbor over a long six year period since he committed a 6 year suicide after being used as a PATSY to target me by law enforcement.
I have been denied housing I have been attacked and a chance at a job apprenticeship to be a heavy equipment operator a hundred thousand dollar class which would have given me a second chance at life and career but was denied every time I was denied housing 5 times job at least 5 times and 2 apprenticeships and kept asking God why I’m trying and I can’t get a break then I got the letter and the past 5 years of all no answers and doors of opportunity slammed in my face what if I had gone back to prison labled a sex offender these assholes could have gotten me killed how much is all that worth??????
I was hired by a major hotel chain and scheduled to begin training. I was suddenly brought in and told the.position was no longer available.
This forced me to take early retirment and cost me at least 5 years of employment.
I was hired by a major hotel chain then told the first day of training the position had been eliminated. It cost.me 10 years of potential income as I had to accept early retirement benefits to make ends meet.
My husband recieved a check for $100 and if he cashes it he will get at least 50 more we are going to legal aide to pursue the matter. Because what he waz accused of doing is so gross. We know for a fact he could not get a job for 5 years
They recently did the same to me reported things on my record ass convictions and said that I was charged and convicted. How do I know or trust that Adp has not reported this falsely accusation to another employer or previous employers I may have applied to.
I received a check in the mail for $35.25 as part of this Class Action Lawsuit today. I think it is from when I applied to Allstate.
I received a check too for the same amount and I’ve been holding onto it because I did not think it was real.
The case number and company is different also.
I got into trouble around 2001 and I put in application and still can’t get a job that is better for me due to the background and credit check.