Avis Settles Job Applicant Background Check Class Action for $2.7M

Car rental company Avis has agreed to a $2.7 million pay out to settle a class action lawsuit alleging the company violated the Fair Credit Reporting Act.

Plaintiff Angela Fuller alleged in her 2015 class action lawsuit that Avis pulled her consumer report as a part of an application process for a sales job with the company. The plaintiff alleges that she did not get the job because of a mistake in her consumer report that listed a 1985 infraction as a conviction.

Additionally, the AVIS class action claims that consumer reports are only supposed to list convictions for the past seven years. Further, Fuller says that Avis failed to properly inform her that they would be accessing her consumer report as required under the FCRA.

“The settlement represents a fair and reasonable resolution for class members for several reasons,” assets the motion for final approval of the class action settlement. “First, in a consumer class action brought under the Fair Credit Reporting Act…which is remedial in nature, the settlement confirms significant practices changes by Defendants which will benefit consumer job applicants into the future.”

Under the terms of the settlement, Avis will pay four Classes cash or another form of compensation. The FCRA has a two-year statute of limitations, but under the Avis class action settlement, even those whose claims fall outside of the two-year limit will receive compensation.

Job applicants with Avis who had a credit report pulled by the company between June 9, 2013 and April 28, 2016, will receive a $45 payment. Those who lost or were not offered a job based on the consumer report between June 9, 2016 and April 28, 2016, will receive a $650 payment in addition to the $45 payment.

Those who had a credit report pulled by Avis outside of the statute of limitations will receive up to two $20 vouchers from the car rental company for a weekday car rental.

“Defendants deny that they have committed any wrongful acts or violations of law or that it has any liability to the Plaintiff or the Settlement Class,” notes the plaintiff’s motion for approval. “While Plaintiff strongly believes that the Defendants’ activity violated the law as set forth in her Complaint, she also recognizes the risk that the Court or a jury might not make that finding. Although Plaintiff was prepared to take on these burdens and make substantial arguments opposing Defendants’ positions, the risks she faced were not insignificant.”

Fuller is seeking a $15,000 service fee award for being the Class representative and the Class attorneys are asking for 33 percent of the total settlement award.

One objection has been lodged against the settlement agreement by a former Avis job applicant who applied outside of the statute of limitations. He says that he thinks he should get more than the $20 voucher and should remain a member of the Class who applied within the statute of limitations.

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Fuller is represented by James A. Francis, John Soumilas and Lauren KW Brennan of Francis & Mailman PC, Micah S. Adkins of The Adkins Firm PC and Robert S. Sola of Robert S. Sola PC.

The Avis FCRA Class Action Lawsuit is Fuller v. Avis Budget Car Rental LLC, et al., Case No. 2:15-cv-03856, in the U.S. District Court for the District of New Jersey.