Professional Documents
Culture Documents
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Case No.:
CLASS ACTION
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Plaintiff,
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vs.
LYFT, INC., a Delaware corporation; and
DOES I to I 00, Inclusive
Defendants.
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COMPLAINT FOR:
I. Violation of 15 U.S.C.
I681 b(b )(2)(A) (Fair Credit
Reporting Act);
2. Violation of 15 U.S.C.
1681 d(a)(l) and I681 g(c) (Fair
Credit Reporting Act);
3. Violation of California Civil Code
1786 et seq. (Investigative
Consumer Reporting Agencies
Act)
4. Violation of California Civil Code
1785 et seq. (Consumer Credit
Reporting Agencies Act)
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INTRODUCTION
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2.
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other prospective, current and former employees and use information from credit
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and background reports in connection with their hiring process without complying
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with the law. Plaintiff, individually and on behalf of all others similarly situated
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Act ("ICRAA") (Cal. Civ. Code 1786, et seq.), and the California Consumer
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Credit Reporting Agencies Act ("CCRAA") (Cal. Civ. Code 1785, et seq.).
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PARTIES
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existing under the laws of Delaware and also a citizen of California based on
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defendants are legally responsible for the wrongful conduct alleged herein and
therefore sues these defendants by such fictitious names. Plaintiff will amend the
Complaint to allege the true names and capacities of the DOE defendants when
ascertained.
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relevant times herein, all Defendants were the agents, employees and/or servants,
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hereinafter alleged, were acting within the course and scope of such agency or
employment, and with the approval and ratification of each of the other
Defendants.
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Plaintiff alleges that each and every one of the acts and omissions
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alleged herein were performed by, and/or attributable to, all Defendants, each
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acting as agents and/or employees, and/or under the direction and control of each
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of the other defendants, and that said acts and failures to act were within the
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course and scope of said agency, employment and/or direction and control.
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CLASS ALLEGATIONS
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This action has been brought and may be maintained as a class action
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among the persons who comprise the readily ascettainable classes defined below
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A.
FCRA Class:
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prospective applicants for employment in the United States who applied for a job
with Defendants at any time during the period beginning five years prior to the
filing of this action and ending on the date that final judgment is entered in this
action.
Nokchan v. Lyfi, Inc.
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B.
lCRAA Class:
prospective applicants for employment in California, at any time during the period
beginning five years prior to the filing of this action and ending on the date that
final judgment is entered into this action.
C.
prospective applicants for employment in California, at any time during the period
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beginning seven years prior to the filing of this action and ending on the date that
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joinder of each individual class member is impractical. While Plaintiff does not
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currently know the exact number of class members, Plaintiff is informed and
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believes that the actual number exceeds the minimum required for numerosity
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fact exist as to all class members and predominate over any questions which affect
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only individual class members. These questions include, but are not limited to:
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A.
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B.
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C.
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Lxft,
claims. Plaintiff is informed and believes and thereon alleges that Defendants have
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vigorously prosecuting this action on behalf of class members. Plaintiff will fairly
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counsel in that they have no known conflicts of interest with Plaintiff or absent
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class members, are experienced in class action litigation and are dedicated to
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vigorously prosecuting this action on behalf of Plaintiff and absent class members.
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means for fair and efficient adjudication of class members' claims and would be
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beneficial to the parties and the Court. Class action treatment will allow a number
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and expense that numerous individual actions would entail. In addition, the
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class members to both seek and obtain relief. Moreover, a class action will serve
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recovery of monies owed to them. Further, a class action will prevent the potential
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because a substantial part of the events and omissions giving rise to this action
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FCRA
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alleged herein.
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FCRA.
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report" as:
a consumer report or portion thereof in which information on a
consumer's
character,
general
reputation,
personal
characteristics, or mode of living is obtained through personal
interviews with neighbors, friends, or associates of the
consumer reported on or with whom he is acqu~inted or who
may have knowledge concerning any such items of information.
Nokchcm v. Lyfl, Inc.
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and
using
consumer
reports
for
(A) In general
Except as provided in subparagraph (B), a person may not
procure a consumer report, or cause a consumer report to be
procured, for employment purposes with respect to any
consumer, unless-
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I.
II.
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in evaluating him and other class members for employment, Defendants procured
or caused to be prepared credit and background reports (i.e., a consumer report
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required him to fill out and sign a document requiring background check.
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and the consumer has authorized, in writing, the procurement of the report. 15
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single document, the Federal Trade Commission ("FTC") has warned that the
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[under 15 U.S.C 1681 b(b )(2)(A)] may not include extraneous or contradictory
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information, such as a request for a consumer's waiver of his or her rights under
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the FCRA."
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disregarded the FTC's regulatory guidance and violated Section 1681 b(b )(2)(A)
of the FCRA. Additionally, the inclusion of the extraneous provisions causes the
disclosure to fail to be "clear and conspicuous" and "clear[] and accurate[]," and
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(a)
(b)
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credit and background checks in the process of employing the class members
which, although defective, evidences Defendants' awareness of and willful failure
to follow the governing laws concerning such authorizations;
(c)
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summary of their rights under the FCRA at the same time as the disclosure
explaining that an investigative consumer report may be made. Pursuant to that
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the FCRA including, but not limited to, 168lb(b)(2)(A) and 168ld(a).
Defendants ' willful conduct is reflected by, among other things, the facts set forth
Nokchan v. Lyfi, Inc.
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above.
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and/or actual damages, punitive damages, injunctive and equitable relief and
attorneys' fees and costs.
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willful, Plaintiff alleges that the violations were negligent and seeks the
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OFFCRA
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alleged herein.
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(3)
Nokchan v. L)jt, inc.
(4)
(5)
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alleged herein.
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report" as:
a consumer report in which information on a consumer's
character, general reputation, personal characteristics, or mode
of living is obtained through any means.
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(B) The person procuring or causing the report to be made provides a clear
and conspicuous disclosure in writing to the consumer at any time before
the report is procured or caused to be made in a document that consists
solely ofthe disclosure, that:
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(v) Notifies the consumer in writing of the nature and scope of the
investigation requested, including a '' of the provisions of Section
1786.22.
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(vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv), or,
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(C) The consumer has authorized in writing the procurement of the report.
(Emphasis added.)
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required him to fill out and sign a document requiring a background check.
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unless the disclosure is made in a document that consists solely of the disclosure
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and the consumer has authorized, in writing, the procurement of the report. Cal.
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provisions causes the disclosure to fail to be "clear and conspicuous" and thus
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violates 1786.16(a)(2)(B).
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Based upon facts that are likely to have evidentiary support after a
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background checks to be procured for Plaintiff and class members without first
providing a written disclosure in compliance with 1786.16(a)(2)(B) of the
ICRAA, as described above.
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ICRAA was and is willful and/or grossly negligent. Defendants acted in deliberate
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(d)
(e)
credit and background checks in the process of employing the class members
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by way of their inadequate disclosures, as set forth above, Plaintiff and class
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members have been injured including, but not limited to, having their privacy and
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were willful or grossly negligent, Plaintiff alleges that the violations were
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negligent and seeks the appropriate remedy, if any, under Cal. Civ. Code
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II
II
CCRAA
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alleged herein.
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meaning Section 1785.3(b) of the CCRAA, because they are "natural individuals."
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prepared consumer credit reports (e.g. credit reports), as defined by Cal. Civ.
Code 1785.3(c).
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required him to fill out and sign a document requiring a background check
("Authorization").
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subdivision (a) of Section 1024.5 of the Labor Code for use of the credit report.
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Nor does the Authorization identify the source of any credit report. Both of these
omissions Authorization clearly violate 1785.20.5(a) of the CCRAA, as
delineated above.
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Based upon facts that are likely to have evidentiary support after a
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procured for Plaintiff and class members without first providing a written notice in
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including Plaintiff and class members. Defendants' willful conduct is reflected by,
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(g)
(h)
credit checks in the process of employing the class members which, although
defecti ve, evidences Defendants' awareness of and willful failure to follow the
Nokchan v. Lyft, Inc.
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(i)
failure to include the provisions identified above violates the CCRAA 's notice
requirements, and that the notice must identify the specific basis under subdivision
(a) of Section 1024.5 of the Labor Code for use of the credit report and must
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way of their inadequate notice, as set forth above, Plaintiff and class members
have been injured including, but not limited to, having their privacy and statutory
rights invaded in violation ofthe CCRAA.
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were willful, Plaintiff alleges that the violations were negligent and seeks the
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appropriate remedy, if any, under Cal. Civ. Code 1785.31 (a)( 1), including but
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D. Statutory penalties;
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E. Civil penalties;
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F. Punitive damages;
Nokchan v. Ly(t, Inc.
G. Costs of suit;
H. Interest;
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Respectfully submitted,
SETAREH LAW GROUP
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By~==~~~~~~~
SHAUN SETAREH,
Attorney for Plaintiff,
MICHAEL NOKCHAN, on behalf of
himself, and all others similarly situated
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The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the tiling and setvice of pleadings or other papers as required by law, except as
provided by local rules of coun This form , approved by the Judtcial Conference of the United States 111 September 1974. ts requtred for the use of the Clerk of Coun for the
purpose of intllating the civil docket sheet (SEI:." IN~1RI 'C7JONS ON NEX!" PAUl:" 01 JHIS FOliA/)
DEFEN DANT S
LYFT, INC., a Delaware Corporation; and DOES 1 to 100, Inclusive
02
U.S. Govemmcnl
Plaintiff
l!!l
U.S. Government
04
Fc:deral Quesuon
(U.S. Gm,ernment Not o
Dl\ersuy
(huhcate C'm: ens/up ofi'orlles m
Defendant
01
San Francisco
/~em
DEF
P A R T J ES (Piacean'"X'"mOncBoxfor PiamllfJ
and One Box for /Jejendaut)
PTF
DEF
0 4
0 5
Fore1gn Nauon
0 6
Ill)
Fore1J!.n Country
0111at8T
0
0
0
0
0
0
0
0
0
0
0
0
II 0 Insurance
120 Marine
130 Miller Acr
140 Negotiable Instrument
150 Recovery of Ovcrpaymenl
& Enforcement of Judgment
151 Medicare Acl
152 Recovery of Defaulted
Srudenl Loans
(Exc ludes Vetcr:lrls)
153 Recovery of Overpayment
of Veteran 's Benefits
160 Stockholders" Suirs
190 01her Conuacr
195 Contract Product Liability
196 Franchise
0 3 10 Atrplanc
0 3 15 Atrplane Product
Ltability
0 320 Assault, Ltbel &
Slander
0 330 Federal Employers"
L1abtlity
0 340 Marine
0 345 Manne Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
PERSONAL INJUR\'
0 365 Personal InJUry Product Ltabthty
0 367 Health Carel
Pharmaceutical
Personal lnJuty
Ptoduct Ltabiluy
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 01her Fraud
0 37 1 T ruth in Lending
0 380 Other Personal
Property Damage
0 385 Propcny Damage
Product L1abth ty
usc
0 820 Copy1ights
0 830 Patent
0 840 Trademark
0
0
0
0
0
Rclattons
86 1 H IA (139511)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Tirle X\~
865 RSI (405(g))
2 10 Land Condemnau on
220 Foreclosure
230 Rent Lease & EJ ectment
240 Tons to Land
245 Ton Product Ltabihty
290 All 01hcr Real Property
Leave Act
0
0
llab.. s C orpus:
c=:J~~~i!i!li~fti~:1C::Ji!i!iiil!!::=l~!ii!!!!ii!]!J!ijffi!!!!iq 0
0
0
0
0
0
0
Cla~ms Act
0 400 State Reappon1onment
0 410 AnII!rUSt
0 430 Banks and Bankmg
0 450 Commerce
0 460 Ocportaton
0 470 Rackercer Influenced and
Com1p1 Organtzaltons
l!!l 480 Consumer Credit
0 490 Cable/Sat T V
0 850 SecurilleSJConunodtties,.
Exch:lrlge
0 890 01 hcr Starutory Actions
0 891 Agricultural Acts
0 375 False
usc
Agency Decision
0
950 Constituuonality of
Stare Starmes
Confincmc:n1
0 2 Removed from
State Court
Remanded from
Appellate Court
0 4 Reinstated or
Reopened
0 5
0 6 Muhidistnct
Litigation
DATE
I t REII!RI'
:::3
----
06/29/2015
IX. DI VIS IONAL ASS IGNMENT (Civil L. R. l-2)
_ _ _ _ __,O=.._
SAN FRANCISCO/OAKLAND
AN JOSE
EUREKA