DISH Network Background Check Class Action Settlement

A settlement has been proposed in a class action lawsuit alleging DISH Network LLC and DISH Network Service LLC violated the Fair Credit Reporting Act.

If you were a DISH Network Contractor Technician or an applicant for a Contractor Technician position who was the subject of a consumer report after Nov. 30, 2010, you may be entitled to benefits from the FCRA class action settlement.

The DISH Network class action lawsuit alleges that DISH Network violated the FCRA by failing to provide the legally required disclosures to Contractor Technicians before subjecting them to a consumer report for employment purposes.

The plaintiffs also allege that DISH Network failed to provide Contractor Technicians with a copy of their consumer reports and a notice of their rights under FCRA before taking an adverse action against them based on their consumer reports being rated “high risk.”

According to the background check class action lawsuit, DISH Network provided Contractor Technicians and job applicants with a “Digital Dish” disclosure form prior to obtaining a consumer report, but this disclosure form did not comply with the requirements set forth by the FCRA.

The use of consumer reports for employment purposes is not unlawful, but FCRA imposes strict disclosure and authorization requirements to ensure the protection of the rights of job applicants and employees.

Before a company takes adverse action based on the contents of a background check, the subject must have the opportunity to review the report and correct any inaccuracies it may contain.

DISH Network denies any wrongdoing but agreed to pay $1.75 million to settle the background check class action lawsuit and avoid the burden and expense of trial. The FCRA class action settlement was preliminarily approved on Sept. 16, 2016.

If you would like to exclude yourself from or object to the DISH Network FCRA settlement, you must do so no later than Dec. 27, 2016.

Who’s Eligible

The court has certified two Classes in the FCRA settlement:

Authorization Class: Includes all DISH Network Contractor Technicians in the United States who were the subject of a consumer report procured by DISH Network after Nov. 30, 2010, and who were provided with Forms 1, 2 or 3 before the consumer report was prepared, but were not provided with any other relevant forms except a Digital Dish form.

Adverse Action Class: Includes all DISH Network Contractor Technicians or Contractor Technician applicants whose consumer reports were provided to DISH Network and who were adjudicated as “high risk” after Nov. 30, 2010.

Potential Award

$50 or $300 (estimated)

Members of the Adverse Action Class are expected to receive an estimated $300, while Authorization Class Members should receive a payment of $50. If you belong to both Classes, you will receive the higher amount.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/27/2016

Case Name

Ernst v. DISH Network LLC, et al., Case No. 12-cv-08794-LGS, in the U.S. District Court for the Southern District of New York

Final Hearing

1/17/2017

Settlement Website

www.ErnstSettlement.com

Claims Administrator

Ernst v. DISH Network LLC
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-888-755-9508

Email: info@ErnstSettlement.com

Class Counsel

E. Michelle Drake
BERGER & MONTAGUE PC

Defense Counsel

R. Stanton Dodge