Frequently Asked Questions
- Am I a class member?
- How do I know if I am a class member?
- Do I get anything as a result of the settlement?
- How do I use these discount codes?
- Do these discount codes expire?
- How do I get a free full file disclosure under ¶ 5.3 of the Settlement Agreement?
- Are there any limits on my nine free full file disclosures?
- Does First Advantage need to do anything differently because of the settlement?
- How do I opt out?
- How do I object?
- How can I get more information?
- When can I use the settlement benefits?
- Am I a class member?
If First Advantage’s records indicate you are a class member, you will be sent a notice. First Advantage’s customers are not included in the proposed settlement.
Top - How do I know if I am a class member?
You are a class member if First Advantage’s records indicate that, between August 17, 2012 to November 20, 2020, First Advantage provided a background report about you to a potential employer without first having the employer certify that you had authorized the report and provided a signed form from you authorizing the report.
Top - Do I get anything as a result of the settlement?
Yes. The class settlement provides you with: (1) a $15 discount on Instant Check and a $15 discount on Resume Check; and (2) nine free full file disclosures under ¶ 5.3 of the Settlement Agreement.
Top - How do I use these discount codes?
If you are a class member, the notice mailed or emailed to you will contain the discount codes.
Top - Do these discount codes expire?
Yes, the discount codes expire two years from the date the Court issues final approval of the settlement.
Top - How do I get a free full file disclosure under ¶ 5.3 of the Settlement Agreement?
Please visit https://fadv.com/candidates/ for information on how to obtain your full file disclosure.
Top - Are there any limits on my nine free full file disclosures?
Yes, this benefit expires three years from the date the Court issues final approval of the settlement. Additionally, you may obtain only one free full file disclosure per quarter.
Top - Does First Advantage need to do anything differently because of the settlement?
Yes, as part of the settlement, First Advantage has agreed to certify:
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• That its clickthrough certification includes and will include a past-tense certification regarding user disclosure and authorization obligations on all employment platforms;
• That it has made and will make available on its website sample disclosure and authorization forms;
• That it includes and will include sample disclosure and authorization forms in its new client information materials; and
• That its compliance process includes and will include random audits for compliance with user disclosure and
authorization obligations. - How do I opt out?
Class Members may opt out of the Agreement by mailing via First Class U.S. Mail to the Settlement Administrator a Request for Exclusion. Any such Request for Exclusion must by fully completed, sent to the Settlement Administrator via First Class U.S. Mail, and postmarked not more than sixty (6) calendar days after the postmark date of the inital mailing of the Notice of Class Action Settlement. To be a valid Request for Exclusion, a Class Member must sign it and provide his or her name (and former names, if any), current address, current telephone number, and the last four digits of his or her Social Security number. Any Request for Exclusion that does not include all of the required information or that is not submitted in a timely manner will be deemed null, void, and ineffective.
Top - How do I object?
Only Class Members who do not opt out of the Agreement shall be entitled to object to the terms of the Agreement. Any objection must be sent to the Settlement Administrator via First Class U.S Mail and must be postmarked no later than sixty (60) calendar days after the first postmark date of the inital mailing of the Notice of Class Action Settlement. An objection shall be deemed to be submitted as of the postmarked date. The written objection must be signed and contain: (1) the name and case number of this lawsuit, First Advantage Credit Cases, Superior Court for the County of San Mateo, JCCP No, 4961; (2) the full name, any former names, current address, and telephone number of the Class Member making the objection; (3) the last four digits of the Social Security number of the Class Member making the objection; (4) the specific reason(s) for the objection; and (5) any and all evidence and supporting papers (including, without limitation, all briefs, written evidence, and declarations) for the Court to consider. Class Members who submit an objection remain bound by this Agreement.
Top - How can I get more information?
You may contact the Administrator using the information on our Contact Us page.
Top - When can I use the settlement benefits?
If you are an eligible class member, you may use the discount codes and nine free full file disclosures once the Court has approved the settlement. The settlement hearing is currently scheduled for May 4, 2021.
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