Case: Lee v. Hertz Corporation

4:15-cv-02545 | U.S. District Court for the Northern District of California

Filed Date: June 9, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 9, 2015, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area filed this nationwide class action against the Hertz Corporation and Sterling Infosystems, Inc., on behalf of the plaintiff and all similarly situated applicants. The plaintiffs alleged that Hertz and Sterling systematically violated federal law based on the way they conducted criminal background checks of Hertz job applicants.Under the Fair Credit Reporting Act (FCRA), employers must provide job applicants …

On June 9, 2015, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area filed this nationwide class action against the Hertz Corporation and Sterling Infosystems, Inc., on behalf of the plaintiff and all similarly situated applicants. The plaintiffs alleged that Hertz and Sterling systematically violated federal law based on the way they conducted criminal background checks of Hertz job applicants.

Under the Fair Credit Reporting Act (FCRA), employers must provide job applicants with a clear written disclosure in a standalone form and get job applicants' express written consent before conducting a background check. The FCRA also requires that, before denying or revoking a job offer based on background check results, employers must provide the applicant with a copy of the background check and a statement of rights under the FCRA, and give the applicant a reasonable amount of time to respond to the accuracy of the report. Hertz never provided the plaintiffs with a disclosure that it may obtain consumer reports and did not receive the plaintiffs' authorization for such reports.

The plaintiffs sought injunctive and declaratory relief, damages, and attorneys' fees on behalf of himself and others similarly situated. The parties apparently participated in a settlement discussion in June 2015, but we have no record of whether they reached a settlement. The case was voluntarily dismissed by the plaintiff on August 24, 2015.

Summary Authors

Sarah Prout (9/5/2015)

Anna Jones (10/11/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4181937/parties/lee-v-the-hertz-corporation/


Judge(s)

Freeman, Beth Labson (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Desautels, Meredith (California)

Eiland, Katrina L. (California)

Funt, Stephanie (California)

Sagafi, Jahan C (California)

Judge(s)

Freeman, Beth Labson (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Desautels, Meredith (California)

Eiland, Katrina L. (California)

Funt, Stephanie (California)

Sagafi, Jahan C (California)

Documents in the Clearinghouse

Document

4:15-cv-02545

Docket

Lee v. The Hertz Corporation

Aug. 24, 2015

Aug. 24, 2015

Docket
1

4:15-cv-02545

Complaint for Violations of FCRA

Lee v. The Hertz Corporation

June 9, 2015

June 9, 2015

Complaint
8

4:15-cv-02545

Order Setting Case Management Conference

Lee v. The Hertz Corporation et al.

June 12, 2015

June 12, 2015

Order/Opinion
11

4:15-cv-02545

Notice of Dismissal without Prejudice

Lee v. The Hertz Corporation et al.

Aug. 24, 2015

Aug. 24, 2015

Pleading / Motion / Brief

4:15-cv-02545

Order Granting Motion to Dismiss and Remanding Case to San Francisco County Superior Court

Lee v. The Hertz Corporation

2016 WL 7034060

Dec. 2, 2016

Dec. 2, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4181937/lee-v-the-hertz-corporation/

Last updated Aug. 6, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Dollar Thrifty Automotive, Sterling Infosystems, Inc. d/b/a "STERLINGBACKCHECK", The Hertz Corporation ( Filing fee $ 400, receipt number 0971-9582700.). Filed byPeter Lee. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment I.(c))(Sagafi, Jahan) (Filed on 6/9/2015) (Entered: 06/09/2015)

1 Civil Cover Sheet

View on PACER

2 Civil Cover Sheet Attachment I.(c)

View on PACER

June 9, 2015

June 9, 2015

RECAP
2

Proposed Summons. (Sagafi, Jahan) (Filed on 6/9/2015) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
3

Case assigned to Hon. Jeffrey S. White. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 6/9/2015) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/4/2015. Case Management Conference set for 9/11/2015 11:00 AM. (jlmS, COURT STAFF) (Filed on 6/9/2015) (Entered: 06/10/2015)

June 9, 2015

June 9, 2015

PACER
5

Summons Issued as to Dollar Automotive Group, Inc., Sterling Infosystems, Inc. d/b/a "STERLINGBACKCHECK", The Hertz Corporation. (jlmS, COURT STAFF) (Filed on 6/10/2015) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
6

NOTICE of Appearance of Katrina Leigh Eiland as Counsel, filed by Peter Lee (Eiland, Katrina) (Filed on 6/10/2015) Modified on 6/11/2015 (jlmS, COURT STAFF). (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
7

NOTICE of Appearance of Stephanie Paula Funt as Counsel, filed by Peter Lee (Funt, Stephanie) (Filed on 6/10/2015) Modified on 6/11/2015 (jlmS, COURT STAFF). (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
8

ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 6/12/15. (jjoS, COURT STAFF) (Filed on 6/12/2015) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

RECAP
9

NOTICE of Appearance of Meredith Patricia Desautels Taft as Counsel, filed by Peter Lee (Desautels Taft, Meredith) (Filed on 6/12/2015) Modified on 6/15/2015 (jlmS, COURT STAFF). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
10

NOTICE of Change of Address by Katrina Leigh Eiland (Eiland, Katrina) (Filed on 6/12/2015) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
11

NOTICE of Voluntary Dismissal without prejudice by Peter Lee (Sagafi, Jahan) (Filed on 8/24/2015) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an African American man offered employment by Hertz. The offer was revoked after a credit history check which revealed a criminal charge against the plaintiff. The plaintiff alleges that the defendant violated the FCRA by failing to ask for permission to do the background check and by failing to give him notice and opportunity to correct any errors in the credit report.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Hertz Corporation, Private Entity/Person

Dollar Thrifty Automotive Group, Private Entity/Person

Sterling Backcheck, Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Records Disclosure

Discrimination-area:

Hiring