July 26, 2017

Melvin Banks v. Central Refrigerated Services, Inc., Case No. 2:16-CV-00356 (D. Utah)

On May 2, 2017, the Court certified the class defined below (“the Class”):

TO: All natural persons throughout the United States who: (1) applied remotely for a truck driver position with Central, (2) were the subject of a consumer report created by HireRight or DriverFACTS procured by Central from March 19, 2010 through January 31, 2014, (3) had no face-to-face interaction with Central prior to Central’s procurement of the consumer report, and (4) against whom Central took adverse action based in whole or in part upon the consumer report without providing verbal, electronic, or written notice within 3 business days of taking adverse action that the consumer may request a free copy of the report and may dispute with the consumer reporting agency the accuracy and completeness of the report.

The Court’s decision to certify the Class is separate and distinct from a decision that Central Refrigerated committed the violations of the Fair Credit Reporting Act alleged by the Plaintiff. Central Refrigerated’s liability has not been determined by the Court. The decision can be viewed following this link:

Order Granting Class Certification

The Court appointed Matthew A. Dooley of the law firm of O’Toole McLaughlin Dooley & Pecora, Co. LPA and Ronald Ady from the law firm of Ronald Ady, PLLC, to represent the Class. If you have any questions, you may consult Mr. Dooley by calling 440-930-4001 or by regular U.S. Mail at 5455 Detroit Road, Sheffield Village Ohio 44054 or by e-mail at mdooley@omdplaw.com.

IMPORTANT DATE: If you do not wish to remain a Class Member, you must complete and submit the “Request for Exclusion from Class” form that is attached to the Notice you received, postmarked no later than September 29, 2017.