By Top Class Actions  |  January 7, 2014

Category: Labor & Employment

employee background checkTwo 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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12 thoughts onJob Applicants Want False Background Check Class Action Certified

  1. Todd David Smith, B.Sc FL D Physiologist and former field health risk underwriter and adjuster says:

    I was being systemically exterminated bc of both companies illegal activities that Hines was supposed to fix. Lying is more important than complying with laws that they make billions off of. If anyone paid this amount of money to conduct accurate background reports, why the hell don’t they just do it right? What is the frigging problem that they just lie about everything they are supposed to be getting it right. Right to them is wrong I guess. I’ve never encountered any company like these 2 operate. They apologize for any inconvenience it may have caused & then retaliate against me because I didn’t receive anything about Hines until nearly 2020 when I started to be treated for the last underlying cause of being systemically exterminated & brain damaged & disabled from 7-8 years of vaccine preventable incurable conditions subjected to for much too long. Thus, desperation was felt by me with regard to them meaning they violated every law they could while the judge allowed it to occur instead of giving me a needed medical leave of absence thanks to the response of immune system response for functional cure destroyed by them & her biased judicial activities that seemed to have the judge plus 2 corporations violating my inalieble, earned rights and privileges thereto appertaining, and ADA laws of retaliation against a disabled brain damaged physiologist, with coercion to sign their dismissal or they would waive their moral rights as being binding when in fact, according to contract laws of offer & acceptance did not agree once read & needed an attorney present to be binding anyway. Who brings their attorney with them to their first day of work? Nobody does. So they know that the illegal contract was not binding & responding to this has been ignored & was unagreed to in email writing saved for HR at 24-7 Intouch Ascenda USA Inc who illegally reacted to my received Federal Court Notice about Hines on 11/1/2019 & then abused their power by taking over the false hiring of me designed to block my testimony with DFS by interfering with this because my witness was killed in this process & suffered without any visitors alowed to cover him up pre maturely. This is just more egregious activities proving they don’t care nor do they follow the laws they have been made to comply with in this case of 75,400 others similarly situated. I just happened to be damaged much more than they were & it was known by ADP Verifications bc they probably knew more about my brain/blood stream than I did bc I was lied to about everything when told Im fine. I can just go out into the community while measuring a DNA viral load of 157 million iu/ml on December 5, 2019. Started treatment in February of 2020 meaning they knew that I was in no condition to be left alone & unrepresented in a Federal Court of Law which is obviously a public place. Thus, truth about me being damaged was ignored over the past 23-25 years now without end in sight. I’ve been exploited for this long & idk what they expect me to do that they have destroyed my ability to work. They use illegal financial harms just like it says with regard defining data harms. Data harms are in serious need of being regulated bc they probably killed a bunch of people who didn’t know they were being unknowingly libeled and stalked to near death like I was. If 10 million were similarly libeled, & it killed my neighbor & nearly myself numerous times, resulting in cognitive disabilities that corporations will exploit as if they think this is legal. It is not of course & we need to stop this train wreck of ignoring FCRA, ADA, 7th Amendment to Bill of Rights, libel laws & stalking laws in every state its illegal. Libel is illegal in FL. I haven’t had time to get DFS involved yet due to ethics violations of underwriting by defamation. Threats to continue the illegal activities were made including being charged with harassment for trying to understand liabilities and damages they chose to confuse, lie, abuse repeatedly, discriminate against males due to metoo bc of those in power abused it no matter the gender bc I am a male who was illegally stalked & targeted by females in 2000-2003 and didn’t end this abuse until the judge slipped in an unknown about decision until much later while my good health was reversed to bakeractings meaning I was disabled from being unknowingly libeled and stalked to near death from 2000-2003 through 2015 & in the 2010s I was supposed to be killed like the guy they used to terminate & revoke. He leaked: “your being specifically targeted & wanted by law enforcement in 2011 after 4-5 yrs of it already in 2000/2003-2009 resulting massive amounts of damages that took lives. Lives are the most egregious of all activities done to me & by their control & manipulations. Exploiting this was done in a public place with massive amounts of retaliations against me over decades of deadly times survived & recovering from beginning in 2020 when I was left alone & unrepresented in another court case just like 2009-2019 was while they captured me incessantly in 2013 especially when asked: “What is your first name?THEN, what is your last name?” And again, all hell broke loose just like it did on September 1, 2021 responding to my ability to cure myself from an incurable and vaccine preventable condition. Tell me I wasn’t being systemically exterminated. I wish I was but it is not the case. I’ve had many people witness bouts of unconsciousness lasting 30 minutes to 72 hours. Blackouts, mild encephalitis (ME), CFS, focal brain atrophy of hippocampus and bilateral hemispheric cerebellar atrophy measured in August of 2025 and it’s been 5 years of treating the underlying condition. This means that I’ve had time to recover physiologically & there is still brain damaging conditions measured after 5 years of treatment. It either didn’t heal at all or was worse & it remains after being treated. What’s more: it ain’t from age either. It’s from something else negatively affecting these emotional numbing focal atrophy of 2 parts that subserve memories & allow spatial awareness. This means my balance & ability to function coordinated was compromised & by having me be forever abused at work, they attempted to cause more harms by working. This means that I have to find answers to truths by myself which is one of my stronger characteristics according to research on this subject. I am not harmful to children or others as much as it is wanted to be the case by these ignorant & abused themselves by both companies who’ve abused their power tyrrannically in the country that fled that crap long ago making our American ideals become the world’s repeating Independences. And they knew this stuff would occur & made our first laws to end it then and in the future when power was abused like it’s doing now & for the past 23-25 years. I will not stop either with this. I am not a public figure either nor will I allow anyone to be exploited by waiving moral rights either. For either company to be wanting this is psychopathic. And psychopaths are usually removed from society of course they are especially when they cannot afford the damages they’ve caused inconveniently. Ugh. Convenience seems to be more important than compliances.

  2. Todd Smith, B.Sc. says:

    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.

    1. Todd David Smith, B.Sc FL D says:

      Ok, time allows for us to learn more. My false bulk data and false background reports published by Corelogic NBD circa 2000-2003 to 2008 when they sold it to ADP Verifications. I was illegally stalked/targeted by everyone known since 2000-2003 through present time still as being someone else sharing my first/last names and dob. We are a country of 350 million. Obviously, by using this amount of parameters, surely it was statistically impossible to have common named people be mixed up with other’s sharing common names (no use of middle name to lower libeling percentages) that Hines v Corelogic NBD and ADP Verifications were supposed to repair the illegal procedures of FCRA violations. No 613As, no adverse action notices, & in my case, systemically exterminated by being unknowingly libeled and stalked to near death from 2000-2003 through 2015 & 2025 respectively. Losses for me were deadly at several points over the past 23-25 years now & still going. I’ve been threatened with more illegal & adverse actions that were made to a resultively disabled physiologist who is discredited with regard to my providers & falsified medical records to match with false police reports & destroyed dash cams that would have made prosecuting me violate stalkings, targeting, Brady Listed districts non compliant then, hopefully it’s been addressed & seems like it was thankfully. I’ve had nothing but illegal relationships since 2000-2003 meaning I have isolate myself from others in order to avoid more stalkings. Females with the power of both companies & law enforcement behind them cause discrimination against males whove been exploited, abused repeatedly over 20 plus years of disingenuous relationships including 6 yrs with 3 married females who were used to distract, lie to/about, infect with 3 deadly pathogens that cause brain damage & when left alone in Federal Court, retaliated against dishonoring the apology letter received from ADP verifications in 2015 for any inconveniences it may have caused me. Then, they sent a Federal Court Notice stating that I was supposed to be included with Hines v Corelogic NBD and ADP Verifications similarly. I still don’t know the date of publishing between 2000-2003 when leaks started. They didn’t make any sense when said & heard by me because these people believed the false background reports apparently & even considered me to be actually harmful to others especially the People of Florida whereby my family has owned 6-7 different properties since 1962. They all paid property taxes for over 60 years in this county for their great, grandson, cousin, brother, nephew, and son to be treated like the other people in my false bulk data and false background reports circulated & perjoured about to be unshared, uncirculated, and unsold? B.S. I am lucky to be alive after nearly being killed so many times that it seems to be the illegal goal. Killing people is sort of illegal as it gets. Now, silenced i will continue to speak up about both of them using people to cause illegal harms that oftentimes marginalize bulk data background reports oftentimes purchased by law enforcement according to the research on this that continues to drag out into 23-25 years of damages since it was published without my knowledge or permission in 2000-2003. 2000s belong to damages made by Corelogic NBD. 2008-present is by ADP verifications who acted like they gave a damn by sending me these 2 important documents of apology & that I was not notified of Hines v until late 2019. Retaliation occurred immediately by creating a deathmaster background report of me then to confirm me being systemically exterminated in the illegal processes of non binding IP agreement that coerced my signature 3 weeks after being notified of Hines done without me 2016-2017. Thus, I filed individually & desparation to coerce dismissal was not successful but when I received the only way to become functionally cured from an incurable & vaccine preventable condition acquired by female stalker number 5-6 out of 10-12 of them over decades of times until 2021 when the last one ghosted out while being cyberattacked, electronic devices takeovers, & in response to what is called a be antibody reactive result measured on 8/23/2021 meaning my immune system had developed the right antibodies to become functionally cured if not reversed back to non reactive by having all break loose just like it did several times before in the previous 20 years when I was going to be successful at something but was unknowingly libeled and stalked to near death from 2000-2003 through present time. Comprehending this has been forced by both companies & a judge who rushed the decision as being undamaging, uncirculated (not true bc it is the opposite of being submitted just once) & that an isolated disabled person resultively is somehow a public figure. Per se damages weren’t good enough for them, so I’ve been lucky enough to have go back in time to relive 20 years of illegal damages that are being realized over the past 2 years with disabling invisible conditions. Reversing my immune system responses were acheived by having the decision rushed through during the pandemic which was not human interactive because both companies ignored me completely in good faith by not showing up for any meetings. Threats of being charged with harassment was made in response to my attempts to come to a agreement or settle just like everyone else has done unlike myself who’s been damaged much more than those in Hines bc my life, freedom, prosperity, and happiness destroyed over the past 23-25 years now. My brain was also damaged from being unvaccinated in treatment just like over half of all 2016-2017s acute cases were resulting in an urgent call to universally vaccinate everyone under 59 in 2018 making us the catastrophe controlling groups needing protection from being further harmed than already done. Don’t get me wrong, I am extremely grateful to have survived these deadly conditions & averse situations subjected to that focally atrophied my brain hippocampus right side & bilateral hemispheric cerebellar atrophy measured in August 2025 after 5 yrs. Of treating the underlying cause in February of 2020 after being hospitalized in 2016-2017 for one that superinfected me with 3 deadky pathogens circulated throughout my entire bloodstream from 2012-2020 or 7-8 years of them being known about but not treated accordingly meaning 2017,2018,and 2019 untreated & not blood tested accordingly. Then, reversing my immune system responses on 8/23/2021 back to non reactive & gains made healthwise destroyed 1 week later for 6 months of gang-stalkings that involuntarily bakeracted me a few months later psychologically. This has been going on since 2000-2003 & not ended yet. Continued discrediting of me, & providers who treat my condition with stigmatizations & discriminations. There’s a very long history of discrimination with regard to my resultive cognitive disabilities and conditions that never mentioned 613As/adverse action notices. I am having to remind my previous track of good health acheived in 2021 before being egregiously antibody reversed non reactively. Apparently, achieving antibodies is not easy to attain. Rushing through the dismissal has been unhealthy for me to be able to even get the chance to functionally cure myself meaning I really was being systemically exterminated by these corporations diagnosed as psychopaths by the W.H.O. in the 2000s & worse in this 2010s. See the documentary the Corporation & its sequel that adds female intimate partners and acquaintances to the diagnoses by ways of stalkings technically especially with regard to being easier to control & manipulate me beginning in 2000-2003 & continued into 2021 coincidentally with regard to ADP VERIFICATIONS being uncaring about the lives of those they libeled according to this particular leak that when taken altogether mean that I was feared by these people used. Plus,I come from a long line of veterans who fought in the Revolutionary War, WW1, WW2 especially this one bc of Purple Heart recipient 2 times in Battle of the Bulge Spearhead 3rd Armored Division who fired the first artillery on Nazi Germany soil in 1945. Then, captured the Ruhr & it was game over. No more military industrial complex for them. Saved lives this way. Then, liberated the concentration camps after France and Belgium/Holland. Another bunch fought in Vietnam & we were able to fly the US Capitol Building flag at half mast in June 2010 as my brother/cousin passed away suddenly after hanging up the phone with me then. He was only 42. I then lead nation for IL mutual Life in only 7 Mos. Then, all hell broke loose shortly thereafter in 2012 as it did in 2013, 2014, thru present time still damages accrue as if I am really an isolated disabled person, not the public figure falsely stated & that I am not really damaged. I don’t understand how Hines made FCRA a priority for them to abide by. This was just lip service to the court by both companies involved with conducting inaccurate bulk data & false background reports on 10 million of us who aren’t going to allow it to continue as is the case with new lawsuits in 2023-2024 as if they honestly don’t care according to stalker leaking started in 2000-2003 and not repaired in Hines by changing the processes. How can there be 5 new lawsuits or 6 with mine? What happened to Hines? It is just being violated & laws don’t matter to them? It appears so & the only way it will be repaired if we explain how they have lied more about everything including being compliant.

  3. Steven M Brown says:

    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??????

  4. Christine Sullivan says:

    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.

  5. Christine Sullivan says:

    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.

  6. Nicole says:

    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

  7. Alexis says:

    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.

  8. 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.

    1. ash says:

      I received a check too for the same amount and I’ve been holding onto it because I did not think it was real.

      1. ash says:

        The case number and company is different also.

  9. Alishia Williams says:

    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.

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