Are FCRA Class Actions A New Form Of Wage & Hour Lawsuits?

On April 21, 2014, Swift Transportation Co. of Arizona and a class of plaintiffs jointly moved for preliminary settlement approval to end litigation for alleged violations of the Fair Credit Reporting Act (“FCRA”) in Ellis, et al. v. Swift Transportation Co. of Arizona, LLC, Case No. 13-CV473 (E.D. Va. April 21, 2014).

Plaintiffs brought the class action on behalf of applicants who applied for truck driving positions at Swift and were the subject of a consumer report obtained by Swift for employment purposes. Plaintiffs alleged the Swift failed to disclose that it would obtain a consumer report for employment purposes, and failed to advise the applicants that they could have access to, and dispute the accuracy of, the consumer report used during the hiring process. Ultimately, the plaintiffs argued that the failure to disclose these rights amounted to a lack of authorization for Swift to view the reports.

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