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Two Verisk Analytics Inc. units agreed to pay $18 million to settle three proposed class action lawsuits that allege the company violated the Fair Credit Reporting Act (FCRA) by failing to take reasonable measures to ensure the accuracy of background check reports provided to prospective employers.
The putative class action lawsuits targeted two Verisk units: Intellicorp Records Inc. and Insurance Information Exchange LLC. These companies provide consumer reports including background checks. In their class action lawsuits, the plaintiffs accuse the companies of violating the FCRA by providing incorrect, outdated or incomplete information to potential employers. Specifically, they argue that the defendants failed to provide certain consumers with copies of their consumer reports before delivering them to prospective employers and that the companies failed to take reasonable steps to ensure the accuracy of the reports.
The class action lawsuits alleged a number of issues with the background checks that were sent to prospective employers. Plaintiff Jane Roe (a pseudonym) indicated that a prospective employer received a copy of her background check that omitted material information that was available in public records, claiming that Intellicorp relied on out-of-date information when creating the report.
Plaintiff Michael Thomas, who claims he has no prior criminal history, accused Intellicorp of including the criminal history from other individuals. Due to this error, he claims he was falsely identified as a criminal and was thus disqualified from employment. Plaintiff Mark Johnson raised a similar complaint against Insurance Information Exchange.
The FCRA is a consumer protection statute that requires consumer reporting agencies to create policies that are fair and equitable to consumers with regard to the collection, dissemination and use of their consumer and credit information. In their class action lawsuits, the plaintiffs allege that the companies “fail to use ‘reasonable procedures’ necessary to ensure the ‘maximum possible accuracy’ of the reports they sell.” They also claim that Intellicorp violated the FCRA by failing to notify consumers when it compiles and sells a consumer report to an employer.
The defendants have denied all allegations set forth in the class action lawsuits, insisting that they complied with the FCRA at all times.
By filing the class action lawsuits, the plaintiffs were seeking a statutory damage award between $100 and $1,000 as permitted under the FCRA.
Proposed Class Members include all U.S. residents who were the subject of one or more consumer reports provided to a third party by Intellicorp or Insurance Information Exchange for employment purposes, which contained a “Criminal SuperSearch” result reflecting an arrest or conviction between April 16, 2010 and Sept. 16, 2013.
The parties agreed to a class action settlement amount of $18.6 million, which is equal to the monetary value of free consumer reports to all putative Class Members. The consumer reporting agencies also agreed to update and improve their reporting policies to maximize the accuracy of the reports.
The parties are also seeking to consolidate the three actions into a single class action lawsuit.
The proposed class action settlement is still subject to Court approval.
The plaintiffs are represented by O’Toole McLaughlin Dooley & Pecora Co. LPA, Chavez & Gertler LLP, Consumer Litigation Associates, Lyngklip & Associates Consumer Law Center PLC, The Law Offices of Devin H. Fok, A New Way of Life Reentry Project and Cohen Rosenthal & Kramer LLP.
The class action lawsuits are Jane Roe, et al. v. Intellicorp Records Inc., Case No. 1:12-cv-02288; Michael R. Thomas, et al. v. Intellicorp Records Inc., Case No. 1:12-cv-02433; and Mark A. Johnson, et al. v. Insurance Information Exchange LLC, Case No. 1:13-cv-00616, all in the U.S. District Court for the Northern District of Ohio, Eastern Division.
UPDATE 1: Details on how to file a claim for the Intellicorp Background Check Class Action Settlement are up! Eligible consumers can receive between $50 and $2,000 if they file a valid claim by the April 21, 204 deadline.
EDITOR’S NOTE: The Claim Form for this settlement requires you to enter the last 4 digits of your Social Security Number. This appears to be the way the Settlement Administrator will verify that you were subject to an improper background check by the defendants. We ALWAYS encourage our readers to protect their personal information by confirming with the Settlement Administrator and/or law firms handling a case to ensure that such information is required. We are NOT a law firm or Settlement Administrator and cannot advise you on if you should submit your SSN. Information on how to contact the Settlement Administrator and law firms for the Intellicrop Background Check Class Action Settlement can be found at www.IntellicorpClassAction.com.
UPDATE 2: A federal judge granted final approval to the Intellicorp background check class action settlement on June 5, 2014. The first round of payments could be going out at the end of the summer/early fall and the second round in early 2015, according to some reports.
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222 thoughts onBackground Check Firms Agree to $18M Class Action Settlement
I never signed up for filing a claim for Roe v. Intellicorp and as far I know I was never affected by anything such as a losing a job or not getting hired etc. So how is it I got a $50 check?
Do it matter how? I mean really be thankful. Im pretty sure you done cashed it and its gone. *people I tell you*
I just got a $50 check in the mail and I knew nothing about this. Now it’s too late to get a copy of the credit report they sent my employer, I can only get a current report. What good is that to me? It says I can file for $2000 but it’s probably too late for that now too. We should have been notified about this a LONG time ago, not after the fact.
They sent out claim forms for the people who would be getting the 2000 check if you didnt receive that letter you couldn’t file it anyway.
I got a check too.
we all have applied to a job within the last 5 years. It is real, and intellicorp f***ed up, now they are paying up their fine.
I wouldn’t trust these people with more info though.
Just cash the check and forget about it. BUT ALWAYS CHECK YOUR CREDIT REPORT creditkarma is good.
I received a check yesterday for 50$ – I know for a fact that I had misinformation reported by Intellicorp for a Girls Scouts background check and it was a big hassle for them to fix it. This is real. Doesn’t necessarily have to be a background check for a job, could be for a volunteer organization too. I cashed the check at the bank. It was real. Just know if you cash the check, you sign away rights to file to claim a larger sum of money in the settlement.
My husband received a check for $50.00. Should we cash it?
I had no idea about this – never filed a claim and just got a check in the mail. I want to know what was said about me and more information before cashing the check!
My husband just got a $50 check in the mail and we filed nothing as we didn’t know abou it
I just got a check too without filing a claim – are you going to call the # and do you think they will tell us what information was “stated in the background check”?
Hello, I am one the approximately 545,000 Settlement Class Members this has affected and let me begin by saying I too assumed it was a scam so I understand your concern.
This is not a scam I can assure you because although I have requested another copy (via e-mail) of the false background report I’ve already received one several months ago listing the exact previous employer of mine responsible for this awful thing happening as well as the criminal history of the person they mixed me up with (which is ridiculous to begin with because I am female and he is male and our names and birth years are completely different.)
I received a check today and to prove it was real I verified the info online regarding the case:
Roe v. Intellicorp Records, Inc. and I also contacted a representative on the matter as well and she was able to basically confirm that I was one of the many who was supposed to received one.
I DID NOT fill out and or mail back any part of the three page document and I still received my check so, that right there is legit.
This is stated on https://www.intellicorpclassaction.com/
If you are a member of the Automatic Payment Class, a check in the amount of $50.00 was sent to you on August 15, 2014. You must cash or deposit that check by October 14, 2014 or it will expire and we will not be able to issue you a replacement check.
If you have any further questions, please email questions@intellicorpclassaction.com or write the Settlement Administrator at:
Roe v. Intellicorp Records, Inc.
Settlement Administrator
PO Box 1387
Blue Bell, PA 19422
No scam VJ I received my check today for $327.00
I don’t believe it’s a scam, I did in fact apply for a security officer job with a company and was denied employment due to a background check which stated that I was arrested when I never was arrested. I just feel uneasy that more information should be given to the people who were affected by this unusual circumstance. Also nothing has been taken from any of my accounts so far, and when you Google it, it’s plastered all over so at this point in time we’ll just have to wait and see what the end result is since now it’s been settled out of court.
no scam, I receive mines today too, $327.00
UPDATE: A federal judge granted final approval to the Intellicorp background check class action settlement on June 5, 2014. The first round of payments could be going out at the end of the summer/early fall and the second round in early 2015, according to some reports.
Got a letter in the mail I was suppose to respond back but I lost it. Can’t I have a number or something??