On November 17, car rental company Avis filed its memorandum in support of final approval of a $2.7 million class action settlement to resolve Fair Credit Reporting Act claims related to its background screening practices. The case is Angela Fuller v. Avis Budget Car Rental LLC, et al., No. 2:15-cv-03856, pending in the U.S. District Court for the District of New Jersey. A copy of the final approval papers can be found here.
Plaintiff Angela Fuller filed her suit in June 2015, claiming that she lost a job with Avis because of improper background check practices – including the failure to provide an adverse action notice and stand-alone disclosure, as well as improper reliance on a 1985 citation for alcohol possession that should have been removed from her background report under the statute.
The settlement class consists of approximately 45,000 individuals, each of whom will receive cash payments or other compensation based on membership in one of four subgroups dictated by the timing of his or her background check with Avis. Cash payments to settlement class members will range from $20 to $695.
Plaintiffs’ counsel are seeking about $891,000 to cover fees and expenses. Fuller is seeking $15,000 as an award for her services as class representative. A final approval hearing is scheduled for November 28.
Troutman Sanders will continue to monitor this case and will report on any developments.