- Provide to the employee or applicant a clear and conspicuous disclosure—in a standalone document—that a report may be requested; and
- Secure written consent from the employee or applicant to obtain the consumer report.
- A copy of consumer report relied upon; and
- The Federal Trade Commission document, “A Summary of Your Rights Under the Fair Credit Reporting Act.”
- The consumer reporting agency contact information;
- A statement that the consumer reporting agency is not the decision maker and cannot inform the individual as to why the adverse action was taken;
- A statement of the individual’s right to obtain a free copy of the consumer report; and
- A statement of the individual’s right to dispute with the consumer reporting agency the accuracy of any information in the report. These requirements are intended to ensure that when your background check or credit report are considered for employment purposes, you have knowledge and an opportunity to correct any inaccuracies. If you background check mistakenly contains information about another individual, or negative information (other than convictions or bankruptcies) that is more than seven years old, you may have a claim under the FCRA.
- Actual damages (e.g. lost wages, etc.);
- “Statutory” damages ranging from $100 – $1,000 per violation;
- Punitive damages; and
- Attorneys’ fees and costs.
- A federal court in Virginia denied summary judgment on two FCRA class claims by an applicant whose offer of employment was revoked due to a consumer report, finding that the document containing the disclosure also had other language, including a waiver of liability.
- A federal court in New York refused to dismiss a putative class action alleging a property management firm, which had criminal record checks done before hiring staff, violated the FCRA by failing to make a proper pre-background-check disclosure and then revoking a job offer before providing a notice of the named plaintiff’s FCRA rights and a chance for him to dispute the background check, which inaccurately reported four criminal convictions.
- Judgment against Johnson & Johnson for an applicant whose offer was rescinded based on incorrect information before she was given a required FCRA notice.
- A national grocery retailer (parent of Food Lion, Bottom Dollar Food, Hannaford, and others) agreed to pay $3 million to resolve FCRA claims by a class of nearly 60,000 employees and job applicants.
- In 2011, Vitran Express, Inc., a freight company, paid $2.6 million to settle Ohio class actions claims that it improperly obtained criminal background checks on job applicants. The named plaintiff in the case, Thomas Hall, alleged that Vitran ordered a criminal background report from a consumer reporting agency as part of his job application even though he had not authorized the company to do so. The report identified a different “Thomas Hall,” but someone with the same first name, middle initial, last name, and date of birth as the named plaintiff, as having 27 felony convictions. Based on that report, Vitran refused to offer Hall employment.
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Results may vary depending on your particular facts and legal circumstances.