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First Advantage agreed to a class action lawsuit settlement to resolve claims it ran background checks without prior authorization, a violation of the Fair Credit Reporting Act (FCRA).
The settlement benefits individuals who had a background report provided to a prospective employer by First Advantage between Aug. 17, 2012, and Nov. 20, 2020, without prior authorization.
First Advantage is a background check company specializing in providing services to employers during the hiring process.
Two class action lawsuits against First Advantage claimed the company routinely flouted federal law when running background checks on consumers. According to the plaintiffs, the background check company failed to secure prior authorization from consumers as required by the FCRA.
Generally, the FCRA protects consumers by securing information collected and released by credit reporting bureaus. When companies request or run a background check on an individual, the FCRA requires “a clear and conspicuous disclosure” that “consists solely of the disclosure” so consumers are adequately informed of how their information will be used. The law also requires written authorization from individuals before running such reports
First Advantage allegedly violated the FCRA by failing to clearly inform consumers of the background check with a clear and conspicuous disclosure and failing to get written authorization.
First Advantage hasn’t admitted any wrongdoing but agreed to resolve the claims with a class action settlement.
The First Advantage background checks lawsuit settlement provides several benefits including discounts and free disclosures.
Class Members are eligible for a $15 discount on Instant Check and another $15 discount on Resume Check for a total of $30 in discounts. Both Instant Check and Resume Check are consumer background check products provided by First Advantage.
Under the settlement, Class Members can also receive nine free background file disclosure over the course of three years. Consumer protection laws ensure one free file disclosure per year, which Class Members can receive in addition to the nine free disclosures provided by the FCRA settlement.
First Advantage has agreed to change their terms and policies to ensure that consumers provide prior authorization before background checks are run on them by potential employers.
If Class Members wish to object to or opt out of the First Advantage background checks lawsuit settlement, they must do so within 60 days of the postmarked date on initial settlement disclosures.
The final approval for the First Advantage FCRA settlement was granted Dec. 8, 2021.
Class Members have until Feb. 7, 2024, to redeem the discounts provided by the settlement and Feb. 7, 2025, to redeem the nine free file disclosures.
Who’s Eligible
The settlement benefits individuals who had a background report provided to a prospective employer by First Advantage between Aug. 17, 2012, and Nov. 20, 2020, without prior authorization.
Potential Award
$30 Discounts and nine free disclosures
Proof of Purchase
If First Advantage’s records indicate you are a class member, you will be sent a notice.
Claim Form
No claim form required.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Redemption Deadlines
02/07/2024 to redeem the discounts
02/07/2025 to redeem the disclosures
Case Name
First Advantage Credit Cases, JCCP No. 4961 (Cal. Super. Ct., San Mateo Cty.), which is the proceeding coordinating Larroque v. First Advantage LNS Screening Solutions, Inc., Case No. CIV-535083 (Cal. Super Ct., San Mateo Cty.), and Chism v. First Advantage Background Services Corp., Case No. CGC-17-560531 (Cal. Super. Ct., San Francisco Cty.), in the Superior Court of the State of California County of San Mateo, Civil Complex Department
Final Hearing
12/08/2021
Settlement Website
Claims Administrator
First Advantage Settlement
P.O. Box 43540
Providence, RI 02940-3540
844-917-2012
Class Counsel
Peter R. Dion-Kindem
PETER R. DION-KINDEM PC
Lonnie C. Blanchard, III
THE BLANCHARD LAW GROUP APC
Jeffrey D. Holmes
THE HOLMES LAW GROUP APC
Shaun Setareh
Thomas Segal
William M. Pao
SETAREH LAW GROUP
Defense Counsel
G. Daniel Newland
Eric Michael Lloyd
SEYFARTH SHAW LLP
Frederick T. Smith
Esther Slater McDonald
SEYFARTH SHAW LLP
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