18.  Midwest does not provide or obtain an appropriate stand alone disclosure and  authorization from job applicants as required by 15 U.S.C. § 1681b(b)(2) prior to acquiring these  consumer reports.   19.  Further, Midwest does not provide pre-adverse or 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) and 1681m(a).   20.  Midwest’s violations of the FCRA have been willful, wanton and reckless in that  Midwest knew, or reasonably should have known, that it was failing to comply with the  requirements of the FCRA.   21.  15 U.S.C. §1681n(a) permits a consumer to recover statutory and punitive  damages, along with attorneys’ fees and costs for willful violations of the FCRA.   22.  Pursuant to F. R. Civ. P. 23, Johnson brings this action on behalf of the Class  initially defined below:  23.  Johnson also alleges the following sub-classes, of which he is a member:  Inadequate Disclosure and Authorization   a.  Consumers residing in the United States who applied for  employment with Midwest in person, and during the  application process, Midwest procured a consumer report  without first, (i) providing the consumer(s) with a clear and  conspicuous stand alone disclosure in writing in a  document that consisted solely of the disclosure that a  consumer report would be obtained for employment  purposes, and (ii) obtaining the consumer’(s) proper written  authorization to procure such consumer reports.  Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 4 of 10  PAGEID #: 4 5  Pre-Adverse Action Notice  b.  Consumers residing in the United States who applied in  person during the applicable limitations period as  established by 15 U.S.C. 1681p, preceding the filing of this  action and during its pendency, and against whom Midwest  took adverse action based in whole or in part on  information contained in the consumer report before  providing a copy of the consumer report as required by 15  U.S.C. § 1681b(b)(3)(A)(i);  c.   Consumers residing in the United States who applied in  person during the applicable limitations period as  established by 15 U.S.C. 1681p, preceding the filing of this  action and during its pendency, and against whom Midwest  took adverse action based in whole or in part on  information contained in the consumer report before  providing a description in writing of the rights of the  consumer as required by 15 U.S.C. §1681b(b)(3)(A)(ii);  Adverse Action Notice  d.   Consumers residing in the United States who applied in  person during the applicable limitations period as  established by 15 U.S.C. 1681p, preceding the filing of this  action and during its pendency, and against whom Midwest  took an adverse action based in whole or in part on  information contained in the consumer report without  providing an oral, written or electronic notice that the  consumer reporting agency did not make the decision to  take adverse action and is unable to provide the consumer  with the specific reason why the adverse action was taken,  as required by 15 U.S.C. §1681m(a)(2)(B);  e.   Consumers residing in the United States who applied in  person during the applicable limitations period as  established by 15 U.S.C. 1681p, preceding the filing of this  action and during its pendency, and against whom Midwest  took adverse action based in whole or in part on  information contained in the consumer report without  providing oral, written or electronic notice of the  consumer’s right to obtain within 60 days a free copy of the  subject consumer report from the consumer reporting  agency which prepared the report, as required by 15 U.S.C.  §1681m(a)(3)(A).  Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 5 of 10  PAGEID #: 5 6   24.  Upon information and belief, the putative Class exceeds 300 Members.   Information concerning the exact size of the putative class is within the exclusive possession of  Midwest.   25.  The Class members are so numerous that joinder of all members is impracticable.     26.  Johnson’s claims are typical of the claims of the other Class Members as all Class  Members were similarly affected by Midwest’s unlawful conduct in violation of the FCRA.     27.  Johnson will fairly and adequately protect the interest of the Class Members and  has retained counsel competent and experienced in complex class-action litigation.  Johnson is a  member of the Class and does not have any interests antagonistic to or in conflict with the  members of the Class.  Further, Johnson’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.   28.  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 Midwest violated 15 U.S.C. §1681b(b)(2)(A)(i)  by failing to make a “clear and conspicuous” disclosure in a  document that consists solely of the disclosure;  b.   Whether Midwest obtained a written authorization to  procure or cause to be procured consumer reports for  employment purposes required by §1681b(b)(2)(A)(ii);  c.   Whether Midwest provided a copy of the consumer report  to the applicant or employee before declining to hire or  discharging the applicant or employee based on the results  thereof as required by 15 U.S.C. §1681b(b)(3)(A)(i);  d.   Whether Midwest provided a copy of a summary of the  applicant or employee’s rights under the FCRA before  declining to hire or discharging the applicant or employee  as required by 15 U.S.C. §1681b(b)(3)(A)(ii);  Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 6 of 10  PAGEID #: 6 7  e.   Whether Midwest provided oral, written or electronic  notice of the adverse action to the consumer that the  consumer reporting agency did not make the decision to  take the adverse action and is unable to provide the  consumer with the specific reasons why the adverse action  was taken as required by 15 U.S.C. §1681m(a)(2)(B);  f.   Whether Midwest provided oral, written or electronic  notice of the consumer’s right to obtain a free copy of the  consumer report on the consumer from the consumer  reporting agency that prepared the report as required by 15  U.S.C. § 1681m(a)(3)(A));    29.  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.     30.  Further, the prosecution of several actions by individual members of the Class  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.  31.  Johnson realleges and incorporates by reference all preceding allegations of law  and fact.   32.  Midwest willfully violated 15 U.S.C. § 1681b(b)(2)(A)(i) by failing to provide  applicants and employees with a clear and conspicuous written disclosure in a document  consisting solely of the disclosure that a consumer report may be obtained for employment  purposes.  Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 7 of 10  PAGEID #: 7 8   33.  Midwest willfully violated 15 U.S.C. § 1681b(b)(2)(A)(ii) by failing to obtain a  valid authorization in writing from Johnson and the Class Members to procure a consumer report  for employment purposes.   34.  Johnson and the Class Members seek statutory damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(1)(A).     35.  Johnson and the Class Members also seek punitive damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(2).    36.  Johnson realleges and incorporates by reference all preceding allegations of law  and fact.   37.  Midwest 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 Johnson and the Class  Members before taking adverse action that was based in whole or in part on that report.     38.  Midwest 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 Johnson and the Class Members before  taking adverse action that was based in whole or in part on a consumer report.   39.  Johnson and the Class Members seek statutory damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(1)(A).     40.  Johnson and the Class Members also seek punitive damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(2).    41.  Johnson realleges and incorporates by reference all preceding allegations of law  Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 8 of 10  PAGEID #: 8 9  and fact.   42.  Midwest willfully violated 15 U.S.C. § 1681m(a)(3)(A) by failing to provide  Johnson and the Class Members with oral, written or electronic notice of the consumer’s right to  obtain within sixty (60) days a free copy of the consumer report regarding the consumer from the  consumer reporting agency that prepared the report.     43.  Midwest willfully violated 15 U.S.C. § 1681m(a)(2)(B) by failing to provide  Johnson and the Class Members with oral, written or electronic notice that the consumer  reporting agency did not make the decision to take adverse action and is unable to provide the  consumer with the specific reason why the adverse action was taken.   44.  Johnson and the Class Members seek statutory damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(1)(A).     45.  Johnson and the Class Members also seek punitive damages for these violations  pursuant to 15 U.S.C. § 1681n(a)(2).    Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 9 of 10  PAGEID #: 9 10  WHEREFORE, Johnson and the putative class respectfully pray for the following relief:   A.  An order certifying the proposed class herein pursuant to Fed. R. Civ. P.  23(b)(3) and appointing the undersigned counsel to represent same;  B.  The creation of a common fund available to provide notice of and remedy  Midwest’s unlawful conduct;  C.  Statutory and punitive damages for all class claims; and  D.  Attorneys’ fees, expenses and costs.  Respectfully submitted,  STUMPHAUZER, O’TOOLE, McLAUGHLIN,  McGLAMERY & LOUGHMAN CO., LPA  Dennis M. O’Toole (0003274)  /s/ Matthew A. Dooley  Anthony R. Pecora (0069660)  Matthew A. Dooley (0081482)  5455 Detroit Road   Sheffield Village, Ohio  44054  Tel:  (440) 930-4001  Fax:  (440) 934-7208   Email:   dotoole@sheffieldlaw.com  apecora@sheffieldlaw.com  mdooley@sheffieldlaw.com  ADVERSE ACTION   Case: 2:11-cv-01061-ALM-TPK Doc #: 1 Filed: 11/28/11 Page: 3 of 10  PAGEID #: 3 4   Consumers residing in the United States who applied for  employment with Midwest, and about whom Midwest procured a  consumer report for employment purposes during the application  process.   DISCLOSURE AND AUTHORIZATION   PRE-ADVERSE ACTION   