Advertising agency Campbell-Ewald Co. began sending text messages through its subcontractor, MindMatic LLC, in 2006 as part of a Navy-approved effort to tap new technologies in recruitment campaigns, the company says. Among the recipients of the message, which began with “Destined for something big? Do it in the Navy,” was the plaintiff who said he
Class Actions
Class Action Lawsuits Challenging FCRA Disclosure Forms Get Multi-District Treatment
On April 9, the U.S. Judicial Panel on Multidistrict Litigation ordered that three putative nationwide class actions against Michaels Stores Inc. be centralized in New Jersey. The actions accuse Michaels Stores of violating the Fair Credit Reporting Act (“FCRA”) by failing to properly notify job applicants that the company would access their credit reports.
Federal…
FACTA Class Action Filed Against Wisconsin Indian Tribe
On April 14, a putative class action was filed in Wisconsin federal court against the Oneida Tribe of Indians of Wisconsin, claiming that they failed to comply with the credit card receipt truncation requirement of the Fair and Accurate Credit Transactions Act (“FACTA”). According to the named plaintiff, the Oneida Tribe included more than the…
WVCCPA Amendments Signed into Law by Governor Tomblin
On Tuesday, March 31, 2015, Governor Tomblin signed into law Senate Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The bill will be effective on June 12, 2015, however, certain provisions of the bill become applicable only to actions filed after September 1, 2015. The amendments will have…
Food Lion Parent Settles $3 Million Background Check Class Action
On March 2, a class of job applicants requested that the U.S. District Court for the Middle District of North Carolina approve a nearly $3 million settlement they had reached with Delhaize America LLC, Food Lion LLC’s parent company. The applicants had sued Delhaize – which owns Food Lion, Hannaford, and Bottom Dollar – for…
Class Action FCRA Lawsuit Challenging Whole Foods’ Employment Background Screening Disclosure Form Survives Motion to Dismiss
On March 30, a Florida federal judge refused to dismiss a proposed class action accusing Whole Foods Market Group, Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document. As we previously reported in December, Whole…
The Office of the Solicitor General Urges the Supreme Court to Reject Spokeo Appeal Challenging “Statutory Damages” Standing Under Article III
Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.
The Solicitor General said Spokeo’s petition for a writ of…
Eleventh Circuit Adds to Split of Authority Regarding Whether Unaccepted Rule 68 Offer of Judgment Moots Putative Class Claims
On December 2, 2014, in Stein v. Buccaneers Ltd. P’ship, No. 13-15417, — F.3d –, 2014 WL 6734819 (11th Cir. 2014), the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not…
West Virginia Legislature Passes Amendments to WVCCPA
On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments…
Food Lion Parent Company Settles Multi-Million Dollar FCRA Background Screening Class Action
On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another Fair Credit Reporting Act class action settlement. Employers should treat this settlement as another reminder to verify their compliance with the FCRA.
According to the parties’ settlement paperwork, the Brown…