Who is a Class Member
You are included in the Omnicare Background Check Disclosure class action settlement “if, between May 4, 2010 and May 25, 2018, you (a) received Omnicare’s background check disclosure form; and (b) had a consumer report, investigative consumer report, consumer credit report, or other background check procured on you by Omnicare within the five years immediately preceding the filing of the Action to the present.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $1,300,000.00
Estimated Award
- 16.50
The amount of the settlement check will depend on the number of Class Members who do not “opt-out” of the proposed Settlement. It is estimated that Settlement Class Members will receive $16.50 each.
Proof of Purchase
- N/A
Claim Form
- N/A: There are approximately 50,000 Class members entitled to receive an automatic payment; if you are a member of this class you do not need to do anything to receive a payment.
Omnicare Background Check Disclosure Settlement Notes
- Ijeoma Esomonu v. Omnicare Inc.
- Case No.: 115-cv-02003
- Pending in the U.S. District Court for the Northern District of California
In May 2015, plaintiff Ijeoma Esomonu filed this class action lawsuit against Omnicare asserting claims that the company’s hiring practices violated the Fair Credit Reporting Act or FCRA. Omnicare is a pharmacy specializing in nursing homes; it was acquired by CVS Health in 2015.
Esomonu alleges she was employed by Omnicare in Californa. According to the complaint, when she applied for employment with Omnicare, she was required to fill out and sign a background check authorization form and a waiver of liability. She contends that the disclosures required under the FCRA however, were “embedded with extraneous information” in these forms rather than contained in a stand-alone document.
Under the FCRA, employers must obtain authorization before initiating a background screening, but Omnicare allegedly included a liability waiver on their form. While this may be a common practice for many employers, this waiver cannot legally be included on a background check authorization form.
The lawsuit further claims that Omnicare failed to inform Esomonu she had a right to request a summary of her rights under the FCRA and the Omnicare obtained credit and background reports on her in violation of the law.
Omnicare disputes all claims and denies any wrongdoing. Complete details about the case and settlement are provided on the Checkr Background Check settlement website.
Class members who wish to object to or exclude themselves from the Omnicare Background Check Disclosure settlement must do so by November 12, 2018. There are approximately 50,000 Class members entitled to receive an automatic payment; if you are a member of this class you do not need to do anything to receive a payment.
Important Dates
- 11/12/18: Objection or Exclusion Deadline
- 12/20/18: Final Hearing at 2:00 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 the Omnicare Settlement Website to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: Esomonu v. Omnicare Inc. #6186, c/o Dahl Administration LLC, PO Box 3613, Minneapolis, MN 55403-0613
- Phone: 1-866-203-2644
- Email: OmnicareInfo@DahlAdministration.com
Class Counsel
- Shaun Setareh of Setareh Law Group
Settlement Website