16.  Allied announces on its website that it has offices in 17 states and places  employees in more than 30 states.   17.  Upon information and belief, Allied has purchased consumer reports from  consumer reporting agencies for the last five (5) years, which are used as a basis to take adverse  action against job applicants.   18.  Allied purchases these consumer reports after hiring applicants and determining  that applicants are otherwise qualified for employment.   19.  Uniformly, Allied does not provide pre-adverse action notice to job applicants,  including a copy of the applicants’ consumer report and a statement of the applicants’ rights as  required by 15 U.S.C. § 1681b(b)(3) before making a decision regarding their employment.   20.  Allied’s violations of the FCRA have been willful, wanton and reckless in that  Allied knew, or reasonably should have known, that it was failing to comply with the  4  requirements of the FCRA.   21.  The specific requirements of 15 U.S.C. § 1681b(b)(3) have been the subject of  numerous federal district court, circuit court and Supreme Court decisions. Moreover, these  requirements have been the subject of numerous FTC staff opinions authored over the last 15  years.   22.  More importantly, upon information and belief, Allied’s obligations under the  FCRA, including obligations under 15 U.S.C. § 1681b(b)(3) are made available by the  consumer reporting agency it uses to procure consumer reports.   23.  Moreover, Allied had actual knowledge that the FCRA required a reasonable  time period for applicants to dispute or explain information contained in a consumer report  before making a final hiring decision.   24.  Regulatory guidance provided by the FTC has explained the FCRA’s  requirement that employers like Allied must wait a “reasonable time” after providing notice  under 15 U.S.C. § 1681b(b)(3) to provide final adverse action notice to applicants.   25.  Such FTC staff opinions originate in 1997 and were publically available to  Allied.   26.  Title 15 U.S.C. §1681n(a) permits a consumer to recover statutory and punitive  damages, along with attorney fees and costs for willful violations of the FCRA.  27.  Pursuant to FED. R. CIV. P. 23, Robertson brings this action on behalf of the  Class initially defined below:  All natural persons residing in the United States who applied for  employment with Allied during the Class Period and against whom  Allied made an adverse hiring decision based in whole or in part  on information contained in the consumer report without first  providing the applicant with a copy of the report and a written  5  summary of rights under the FCRA.   28.  Upon information and belief, the putative Class exceeds 1,000 members.  Information concerning the exact size of the putative class is within the exclusive possession of  Allied.   29.  The Class members are so numerous that joinder of all members is impracticable.   30.   Robertson’s claims are typical of the claims of the other Class members as all  Class members were similarly affected by Allied’s unlawful conduct in violation of the FCRA.   31.  Robertson will fairly and adequately protect the interest of the Class members  and has retained counsel competent and experienced in complex class-action litigation.  Robertson is a member of the Class and does not have any interests antagonistic to or in conflict  with the members of the Class. Further, Robertson’s claims are the same as those of the Class,  which all arise from the same operative facts and are based upon the same legal theories.   32.  Common questions of law and fact exist as to all Class members and  predominate over any questions solely affecting individual Class members, including:  a. Whether Allied provided a copy of the consumer report to  the applicant or employee before making a decision to  decline, delay, withdraw employment or discharge the  applicant or employee based on the results thereof as  required by 15 U.S.C. § 1681b(b)(3)(A)(i); and  b. Whether Allied provided a written summary of the applicant  or employee’s rights under the FCRA before making a  decision to decline, delay, withdraw employment or  discharge the applicant or employee as required by 15 U.S.C  § 1681b(b)(3)(A)(ii).   32.  A class action is superior to other available methods for the fair and efficient  adjudication of this controversy because the membership of the Class is so numerous and  involves claims that, taken individually, may not justify the costs and effort of bringing suit.   33.  Further, the prosecution of several actions by individual members of the Class  6  would create a risk of varying adjudications with respect to members of the Class, as well as  create inconsistent standards of conduct for those opposing the Class. Additionally, individual  actions by members of the Class may be dispositive of the interests of other members not parties  to the adjudication of the claim, which would impair or impede the ability of those individuals to  protect their interests.  34.  Robertson re-alleges and incorporates by reference all preceding allegations of  law and fact.   35.  Allied willfully violated 15 U.S.C. § 1681b(b)(3)(A)(i) by failing to provide a  copy of the consumer report used to make an employment decision to Robertson and the Class  members before taking adverse action that was based in whole or in part on that report.   36.  Allied willfully violated 15 U.S.C. § 1681b(b)(3)(A)(ii) by failing to provide a  copy of the summary of rights required by this section to Robertson and the Class members  before taking adverse action that was based in whole or in part on a consumer report.   37.  Robertson and the Class members seek statutory damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(1)(A).   38.  Robertson and the Class members also seek punitive damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(2).   39.  Further Robertson and the Class members seek attorney fees and costs pursuant  to 15 U.S.C. § 1681n(a)(3).  WHEREFORE, Robertson and the putative class respectfully pray for the following  relief:  A.  An order certifying the proposed class herein pursuant to FED. R. CIV.  7  P. 23 and appointing the undersigned counsel to represent same;  B.  The creation of a common fund available to provide notice of and  remedy Allied’s unlawful conduct;  C.  Statutory and punitive damages for all class claims; and  D.  Attorneys’ fees, expenses and costs.  FAILURE TO PROVIDE PRE-ADVERSE ACTION NOTICE  