Who is a Class Member
Class members of the El Toro Medical Investors Background Check Class Action Settlement include “all individuals who applied for employment with any Released Party (defined below) in the United States who executed a background check disclosure and/or authorization form that included a liability release clause and whose background check report was procured pursuant to such form at any time between January 15, 2014 and October 27, 2017.
Released Parties means all Life Care owned, operated, and/or managed facilities, including but not limited to:
- Life Care Centers of America, Inc.,
- EI Toro Medical Investors, L.P. dba Lake Forest Nursing Center
- Life Care Centers of America, Inc. dba Mirada Hills Rehabilitation and Convalescent Hospital
- Garden Grove Medical Investors Limited Partnership
- Vista Medical Investors Limited Partnership; and
- Escondido Medical Investors Limited Partnership
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
If the Settlement is approved by the Court and you do not opt out, you will automatically be mailed a check for $157.93 to the address provided in your Class Notice. You do not have to do anything to receive a payment. If your address has changed, you must contact the Settlement Administrator to inform them of your correct address to ensure you receive your payment.
Proof of Purchase
- No proof is needed; however, Class members who wish to remain in the settlement are encouraged to contact the Settlement Administrator if their address is incorrect or had changed.
El Toro Medical Investors Background Check Settlement Notes
- Maria Rodriguez, et al. v. El Toro Medical Investors, et al.
- Case No. 8;16-cv-00059-JLS-KES
- Pending in the U.S. District Court for the Central District of California
In January 2016, Plaintiff Maria Rodriguez filed this class action lawsuit against El Toro Medical Investors claiming the company violated the Fair Credit Reporting Act by not providing a background check disclosure or authorization form that included a liability release clause.
Specifically, Rodriguez, who was employed as a non-exempt Licensed Practical Nurse for one year by El Toro Medical Investors and Life Care Centers of America, says that prior to be hired, she was required to sign an authorization and disclosure consenting to a background check. This form included a liability release on the same page, which is illegal under the FCRA, The FCRA states that the notice must be in writing and in a stand-alone format and can’t be in an employment application.
El Toro Medical Investors denies all claims and maintains they abided by the FCRA law but agreed to settle the case to avoid the uncertainty of further litigation. Complete details about the case and settlement are provided on the El Toro FCRA Settlement website.
The El Toro Medical Investors Background Check class action settlement was granted preliminary approval on December 6, 2017. Class member who wish to exclude themselves or object to the settlement must do so by February 12, 2018. Class members who wish to participate in the settlement do not need to do anything.
- 2/12/18: Objection or Exclusion Deadline
- 6/22/18: Final Hearing at 2:30 pm PT* (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.ElToroFCRASettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Rodriguez v. El Toro Medical Investors Settlement Administrator, c/o KCC Class Action Services, PO Box 404041 Louisville, KY 40233-4041
- Phone: 1-866-653-4871
- Norman Blumenthal of Blumenthal Nordrehaug Bhowmik & De Blouw LLP