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amended joint stipulation of class action settlement and
Tracy Re and D’erica Washington v. ESA Management, LLC, commenced by Re on March 27,. 2018 in Alameda County Superior Court, Case No.
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Extended Stay Hotel Background Check Class Action Filed in …
Plaintiff Yahaira Camacho has filed a action lawsuit against ESA Management LLC, the operator of Extended Stay America Hotels, …
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Extended Stay Hotel Background Check Class Action Filed in Calif.
Plaintiff Yahaira Camacho has filed a class action lawsuit against ESA Management LLC, the operator of Extended Stay America Hotels, alleging the company obtained consumer reports on job applicants without their authorization, in violation of the Fair Credit Reporting Act (FCRA).
ESA Management, headquartered in Charlotte, N.C., operates an estimated 684 Extended Stay America hotels throughout the United States. According to the FCRA class action lawsuit, Camacho applied for a job at a California Extended Stay America hotel in July 2013.
Camacho alleges that ESA Management did not provide her with a written disclosure stating that her consumer report may be obtained for employment purposes and that the company did not ask her to authorize the company to obtain the report. “At each of its hotels, ESA Management obtains consumer reports for employment purposes without a valid disclosure and a valid, signed authorization as part of the application process,” the class action lawsuit says.
According to the FCRA class action lawsuit, ESA Management obtained background reports, which included results from a sex offender registry search and a criminal records search, for job applicants without first obtaining their written authorization to do so. Camacho alleges that ESA Management background check policy violates the FCRA, which requires companies to provide clear disclosures and obtain written authorization before obtaining consumer reports.
The job application reportedly included the following disclosure: “I authorize the investigation of all statements contained in this application and release from all liability any persons or employers supplying such information, and I also release Extended Stay Hotels from any liability that might result from making this investigation.”
Camacho’s class action lawsuit argues that this statement fails to comply with the FCRA for four reasons. First, it does not inform job applicants that a consumer report will be obtained. Second, it does not seek written authorization from the job applicant to obtain the consumer report. Third, the statement is included on the same page as numerous other statements instead of on a separate page that consists only of the disclosure and authorization that is required under the FCRA. Finally, the statement includes language that releases the defendant from liability.
By filing the background check class action lawsuit, Camacho seeks to represent all individuals who applied for work with an Extended Stay America hotel in the United States, and for whom a consumer report was obtained as part of the employment application process in the last five years.
The class action lawsuit indicates that Class Members are entitled to recover statutory damages of “not less than $100 and not more than $1,000” pursuant to the terms of the FCRA.
Camacho is represented by Timothy D. Cohelan, Isam C. Khoury, Michael D. Singer and Kimberly D. Neilson of Cohelan Khoury & Singer, and Sahag Majarian II of Law Offices of Sahag Majarian II.
The Extended Stay Hotels FCRA Class Action Lawsuit is Yahaira Camacho, et al. v. ESA Management LLC, et al., Case No. 3:14-cv-01089, in the U.S. District Court for the Southern District of California.
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Phoenix Class Action Lawsuits Lawyers
phoenix class action lawsuits law firm
A class action lawsuit is one way to win justice and recover compensation if you have suffered any damages due to the wrongful actions or negligence of a large corporation, financial institution, or the government.
Standing up to a large company or the government can be intimidating on your own. However, a class action lawsuit can bring many plaintiffs together with the same or similar damages, providing strength in numbers and other advantages.
Most plaintiffs in a class action lawsuit have nothing to do but wait for the outcome of the suit and a potential settlement. However, the work and effort involved in filing an individual personal injury lawsuit, on the other hand, can be considered. If your damages are relatively minor, a personal injury lawsuit may not be worth the hassle.
In a class action lawsuit, even if you only had minor damages or suffered from a minor injury, you will usually receive the same settlement as all other members of the group. This can work to your advantage.
Your Phoenix class action lawsuits lawyer can advise you on whether a class action lawsuit or personal injury lawsuit is appropriate in your case and help you with all aspects of litigation. Contact Ben Crump Law, PLLC, today for a free consultation at (800) 709-1441.
Class Action Lawsuits
In a class action lawsuit, a group of plaintiffs with similar damages are seeking justice from a corporation, business, government, or financial institution. Some examples of class action lawsuits are:
Defective product
Discrimination
Defective drugs
Consumer fraud
False advertising
Employee rights violations
Data breaches
Exposure to toxic chemicals
For a free legal consultation with a class action lawsuits lawyer serving Phoenix, call (800) 709-1441
The Lead Plaintiff in Class Action Lawsuits
A class action lawsuit usually has a lead plaintiff, who is typically the person that initiated and filed the lawsuit. As the Legal Information Institute explains, the law allows for one or more representatives to file and prosecute a lawsuit on behalf of a larger group or “class.”
Usually, the lead plaintiff, also called the “class representative,” has the same or at least similar damages as the other plaintiffs in the group. However, while the other plaintiffs can sit back and wait for the outcome of their class action lawsuit, the lead plaintiff is usually working hard on behalf of the entire group. A lead plaintiff’s duties can include:
Hiring the attorney
Conferring with the attorney and expert witnesses
Attending hearings and depositions
Negotiating a settlement with the help of the attorney
Accepting or dismissing a settlement
While typically all plaintiffs in a class action lawsuit receive the same settlement, the lead plaintiff may receive a higher amount in recognition of their efforts, time commitment, and responsibilities in advancing the case.
If you are thinking of initiating a class action lawsuit and becoming a lead plaintiff in a claim, you might want to consult with a Phoenix class action lawsuits lawyer who can advise you on your options. Get in touch with Ben Crump Law, PLLC, today to explore your legal options and next steps.
Phoenix Class Action Lawsuits Lawyer Near Me (800) 709-1441
Advantages and Disadvantages of a Class Action Lawsuit
Joining a class action lawsuit is financially risk-free as it costs you nothing.
Some other advantages of a class action lawsuit include:
Click to contact our Phoenix Personal Injury Lawyers today
No upfront attorney’s fees
Attorneys in class action lawsuits typically work on contingency. Therefore, the plaintiffs do not have to pay attorney’s fees upfront. The fees are usually taken out of the overall settlement. In some cases, the defendant may have to pay court and attorney’s fees.
Complete a Free Case Evaluation form now
You simply wait
Unless you are the lead plaintiff, joining in a class action lawsuit as a plaintiff means you do not have to do anything at all for the case. While the lead plaintiff and attorney progress the claim and attend the relevant hearings and depositions, you wait for the outcome and any potential settlement.
Opportunity to litigate
A class action lawsuit gives those who might not have a strong case for a personal injury lawsuit the opportunity to recover compensation and justice as part of a group.
Class action lawsuits are streamlined
Class action lawsuits can be an efficient and streamlined way to litigate, as they are usually addressed in one court by one judge.
Strength in numbers
Class action lawsuits can have many thousands of plaintiffs. Strength in numbers and the possible ramifications of bad press or public relations for a company can increase the motivation of a defendant to settle in a timely manner.
However, class action lawsuits can also have some disadvantages, which include:
Individual plaintiffs do not get a say on accepting settlements or continuing with litigation.
If the lawsuit is unsuccessful, you might not be able to bring an individual case forward.
If you have suffered considerable damages, a class action settlement might not be enough to cover them.
If you are unsure whether a class action lawsuit is right for you, you have the option of consulting with a Phoenix class action lawsuits lawyer for advice.
A Phoenix Class Action Lawsuits Lawyer Can Help
Class action lawsuits can be confusing, and you might have difficulty deciding on whether to join a class action lawsuit or not. You might also wonder about your next steps in connection with a class action lawsuit.
Ben Crump Law, PLLC, can answer your questions and explain the processes to you. We can also help you assess whether a class action lawsuit is the right choice for you, or whether individual legal action may be more appropriate in your case.
While we understand that standing up to a large company is potentially daunting, you do not have to accept the injuries and damages that a reckless corporation caused. A class action lawsuit is one way to obtain justice and compensation without the risks that individual litigation sometimes entails.
We can review your legal options, explain the law, and help you file a class action lawsuit. We do not shy away from tough cases or fighting large corporations.
Call Ben Crump Law, PLLC, now at (800) 709-1441 for a free consultation. You can share the specifics of your case and discuss possible options regarding a class action lawsuit.
Call or text (800) 709-1441 or complete a Free Case Evaluation form
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