Who is a Class Member
You are included in the Area Wide Protective Background Check Disclosure class action settlement “if you were employed by or applied for employment with Area Wide Protective and who were the subject of a consumer report that was procured by Defendant for employment purposes between May 16, 2015 and October 5, 2018.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Each Class Member who submits a valid and timely Claim Form will receive a pro rata (proportional) share of the Settlement Fund.
Proof of Purchase
Area Wide Protective Background Check FCRA Settlement Notes
- William Fosbrink v. Area Wide Protective Inc.
- Case No. 8:17-cv-1154-T-30CPT
- Pending in the U.S. District Court for the Middle District of Florida, Tampa Division
Plaintiff William Fosbrink filed this class action lawsuit against Area Wide Protective alleging violations of the Fair Credit Reporting Act. AWP is a traffic control company that provides traffic control services in support of construction and infrastructure projects across the country.
In 2016, Connolly applied for employment as a traffic control specialist with AWP. He was terminated in 2017 purportedly because”something” came up on his background check. It was then that Fosbrink became aware that AWP procured a consumer report on him that contained private, confidential information. The FCRA prohibits companies to obtain a consumer report without proper disclosures.
Under the FCRA, Area Wide Protective is required to disclose to its applicants and employees – in a document that consists solely of the disclosure – that it may obtain a consumer report on them for employment purposes, prior to obtaining a copy of their consumer report.
“[Area Wide Protective] willfully violated this requirement by failing to provide Plaintiff with a copy of a document that consists solely of the disclosure that it may obtain a consumer report on him for employment purposes, prior to obtaining a copy of his consumer report,” the lawsuit contends.
Additionally, the complaint states that AWP obtained consumer reports on Fosbrink and other class members without proper authorization, due to the fact that its disclosure forms fail to comply with the requirements of the FCRA.
Area Wide Protective disputes all claims and denies any wrongdoing. Complete details about the case and settlement are provided on the Area Wide Protective Background Check settlement website.
This past year, several FCRA class action lawsuits have been settled, including a $325K settlement with Umpqua Bank and a $1.2 million settlement with PetCo. Another similar FCRA class action lawsuit against PepsiCo was settled for nearly $2 million.
Class members who wish to object to or exclude themselves from the Area Wide Protective Background Check Disclosure settlement must do so by November 23, 2018. Class members who wish to receive payment must submit a Claim Form on or before December 24, 2018. There are approximately 22,000 Class members entitled to receive payment.
- 12/24/2018: Claim Form Deadline
- 11/23/18: Objection or Exclusion Deadline
- 1/22/19: Final Hearing at 9:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.AWPFCRAClassAction.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Fosbrink Class Action, c/o JND Legal Administration, Settlement Administrator, PO Box 91306, Seattle, WA 98111
- Phone: 1-833-843-2642
- Marc Edelman of Morgan & Morgan PA