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amazon class action lawsuitLast week, the plaintiff in the class action lawsuit accusing Amazon.com Inc. and a staffing company of violating federal law because they did not disclose the information found in a background check that was used to deny employment filed a motion to certify the proposed Class.

In April, lead plaintiff Gregory Williams filed a class action lawsuit in Washington state federal court alleging that Amazon and Staff Management Solutions, which is also called SMX, violated the Fair Credit Reporting Act (FCRA). According to the Amazon background check lawsuit, Williams was denied employment at an Amazon warehouse based on an incorrect background check that was not disclosed to him.

A summary judgment motion filed by Amazon.com, staffing agency SMX LLC and its affiliate Staff Management Solutions LLC was recently denied. In their motion for summary judgment, Amazon argued that the FCRA class action lawsuit should be dismissed because Amazon had offered him the Fair Credit Reporting Act’s $1,000 statutory damages. U.S. District Judge Gary Feinerman denied Amazon’s motion and noted that the plaintiff would be vulnerable to a “pick-off” until a motion to certify the proposed Class was filed.

The attorney representing the plaintiff explained that the court should certify two nationwide Classes in order to avoid being “picked off” by a settlement offer.

“Defendants, through their unsuccessful motion for summary judgment, have made clear that they will seek to decapitate the class by picking off Mr. Williams as a class representative through an offer of individual settlement,” said the attorney for the plaintiff. “Plaintiff therefore submits this motion to remove all doubt that he seeks to represent classes of consumers subjected to defendants’ common procedures.”

Late last week, Williams proposed one Class that would include all unsuccessful Amazon applicants who were denied employment as a result of background reports without receiving a copy of that report, and another for those who applied through the staffing agency, SMX.

According to the motion seeking certification of the Amazon class action lawsuit, the Classes would consist of those who were not offered jobs based on their background report over a five-year period ending this past April, when the complaint was filed. The proposed Classes could include up to hundreds of thousands, according to Williams, because SMX allegedly has a standardized procedure subject to error. Additionally, Amazon’s size and use of SMX to fill positions over the holidays means that many job applicants were potentially affected by the alleged practice.

Separate litigation has been initiated against Amazon and SMX over allegedly failing to compensate employees for time they spend passing through security checks.

Williams is represented by Christopher Green of GreenLawFirm PS and James A. Francis and John Soumilas of Francis & Mailman PC.

The Amazon Background Check Class Action Lawsuit is Gregory Williams v. Amazon.com Inc., et al., Case No. 2:15-cv-00542, in the U.S. District Court for the Western District of Washington.

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