1.  Defendant should have provided a certification to the consumer reporting agency  that it would comply with the adverse action requirements of the FCRA prior to  obtaining a consumer report on the Plaintiff.   2.  Defendant should have provided a certification to the consumer reporting agency  that information from the consumer report would not be used in violation of any  applicable Federal or State equal employment opportunity law or regulation prior  to obtaining a consumer report on the Plaintiff.  20.  Plaintiff applied online for employment with the Defendant in or about July 2015.   22.  Plaintiff returned a few days after the interview to perform additional testing for the  position at Caterpillar.   23.  Defendant obtained information regarding the Plaintiff from Hireright.    24.  The information obtained from Hireright concerning the Plaintiff was a consumer  report.   25.  Plaintiff received a phone call in or about late July 2015 from Defendant informing  him that due to his consumer report he would not be considered for employment.   26.  Plaintiff did not receive a copy of the consumer report until sometime in or about  August 2015.    27.  The manner in which Defendant obtained a consumer report on the Plaintiff is  consistent with its policies and practices.    28.  The manner in which Defendant obtained a consumer report on the Plaintiff is the  same or similar method used to obtain consumer reports on other putative class  members.     29.  Defendant is aware of the FCRA.   30.  Defendant has knowledge that it must comply with the FCRA.   31.  Defendant is required to obtain a consumer report for employment purposes in  accordance with the FCRA.    32.  Defendant paid a fee to a consumer reporting agency in order to procure  information on the Plaintiff.    34.  Plaintiff was denied employment by Defendant, in whole or in part, due to  information contained in a consumer report.     35.  Plaintiff was not provided a pre-adverse action notice prior to being denied a  position with the Defendant.    36.  Since Plaintiff did not receive proper notice prior to the adverse action he was not  provided a reasonable amount of time to cure or explain any inaccuracy in the  consumer report that may have affected the Defendant’s decision.   37.  Defendant certified to Hireright that prior to taking an adverse action it would  provide the Plaintiff with proper notice pursuant to the FCRA.   38.  The FCRA states that in using a consumer report for employment purposes, before  taking any adverse action, based in whole or in part on the report, the person  intending to take such adverse action shall provide to the consumer to whom the  report relates a copy of the report; and a description in writing of the rights of the  consumer.   39.  Defendant is aware that it is required by the FCRA to have provided a copy of the  consumer report to the Plaintiff before taking any adverse action.   40.  Despite having knowledge of the requirements of the FCRA, Defendant failed to  comply with the FCRA.   41.  Defendant's failure to provide the Plaintiff with a copy of the consumer report, a  reasonable notice period in which to challenge any inaccuracy in the consumer  report, or a written description of his rights under the FCRA prior to the adverse  action, constitutes multiple violations of the FCRA.    43.   Defendant should have provided a certification to the consumer reporting agency  that it had complied with the disclosure and authorization requirements of the  FCRA prior to obtaining a consumer report on the Plaintiff.    43.  Plaintiff incorporates the foregoing paragraphs as if fully set forth herein.    44.  Plaintiff asserts the following adverse action class defined as:  Proposed Adverse Action Class: All employees or prospective employees of  Defendant in the United States that suffered an adverse employment action on or  after March 8, 2014, that was based, in whole or in part, on information contained  in a consumer report, and who were not provided a copy of such report, and/or a  reasonable notice period in which to challenge any inaccuracy in the consumer  report in advance of said adverse employment action.  Numerosity   46.  Virtually all of the issues of law and fact in this class action predominate over any  questions affecting individual class members. Among the questions of law and fact  common to the classes are:   a.  Whether Defendant uses consumer report information to conduct  background checks on employees and prospective employees;  b.  Whether Defendant violated the FCRA by taking adverse action against  Plaintiff and other members of the Adverse Action class on the basis of  information in a consumer report, without first providing a copy of the  report to the affected individuals;  c.  Whether the Defendant violated the FCRA by failing to provide the Plaintiff  and other members of the Adverse Action Class with a reasonable amount  of time to cure any inaccuracy within the consumer report prior to the  adverse employment action;  d.  Whether Defendant's violations of the FCRA were willful;   e.  The proper measure of statutory damages and punitive damages; and  Typicality   48.  Plaintiff, as a representative of the classes, will fairly and adequately protect the  interests of the Putative Classes and has no interest that conflict with or are  antagonistic to the interest of the class members. Plaintiff has retained attorneys  competent and experienced in class action litigation. No conflict exists between  Plaintiff and members of the class.  Superiority   49.  A class action is superior to any other available method for the fair and efficient  adjudication this controversy, and common questions of law and fact  overwhelmingly predominate over individual questions that may arise.    50.  This case is maintainable as a class action under Rule 23 of the Federal Rules of  Civil Procedure because prosecution of actions by or against individual members  of the putative class would result in inconsistent or varying adjudications and create  the risk of incompatible standards of conduct for Defendant. Further, adjudication  of each individual class member’s claim as a separate action will potentially be  dispositive of the interest of other individuals not a party to such action, impeding  their ability to protect their interests.   51.  This case is maintainable as a class action under Rule 23 of the Federal Rules of  Civil Procedure because Defendant has acted or refused to act on grounds that apply  generally to the class, so that any final relief is appropriate respecting the class as a  whole.   53.  Defendant, as the amount of each class member's individual claims is small  compared to the expense and burden of individual prosecution, the Plaintiff is  unaware of any similar claims brought against Defendant by any members of the  Putative Class on an individual basis. Class certification also will obviate the need  for unduly duplicative litigation that might result the inconsistent judgments  concerning Defendant’s practices. Moreover, management of this action as a class  action will not present any likely difficulties. In the interests of justice and judicial  efficiencies, it would be desirable to concentrate the litigation of all putative class  members' claims in a single forum.   54.  Plaintiff intends to send notice to all members of the putative class to the extent  required by Rule 23 of the Federal Rules of Civil Procedure. The names and address  of the potential class members are available from Defendant's records.  Adverse Action Violations    55.  Plaintiff incorporates the foregoing paragraphs as if fully set forth herein.    57.  Defendant used a consumer report, as defined by the FCRA, to take adverse  employment action against Plaintiff, and on information and belief, other members  of the adverse action class.   58.  Defendant violated the FCRA by failing to provide Plaintiff, and other adverse  action class members, with a copy of the consumer report that was used to take  adverse employment action against them prior to the adverse action.   59.  Defendant violated the FCRA by failing to provide the Plaintiff and other adverse  action class members with a reasonable time to cure any inaccuracies within the  consumer reports prior to the adverse action.   60.  The foregoing violations were willful. Defendant acted in deliberate or reckless  disregard of its obligations and rights of Plaintiff and other adverse action class  members under the provisions of the FCRA. Defendant's willful conduct is  reflected by, among other things, the following facts:  a.  Defendant is a large corporation with access to legal advice through   its own General Counsel's office and outside employment counsel;  b.  Defendant committed multiple violations of the FCRA by not providing the  Plaintiff with a copy of the consumer report and not providing the Plaintiff  with a reasonable notice period to cure inaccuracies before taking adverse  employment action as mandated by the FCRA;  c.  The Defendant has ignored regulatory guidance from FTC Informal Staff  Opinions and the unambiguous language of the FCRA; and  d.  15 U.S.C. §1681-1681y, requires consumer reporting agencies to provide  notice to users of consumer reports of the users legal obligations under the  FCRA prior to the procurement of consumer reports.   62.  Plaintiff and the adverse action class members are also entitled to punitive damages  for these violations, pursuant to 15 U.S.C. §1681n(a)(2).   63.  Plaintiff and the adverse action class members are further entitled to recover their  costs and attorneys’ fees, pursuant to 15 U.S.C. §1681n(a)(3).  WHEREFORE, the Plaintiff respectfully requests that this Court issue an Order for the  following:  a.     Order that this action may proceed as a class action under Rule 23 of the  Federal Rules of Civil Procedure;   b.  Order designating Plaintiff as class representative and designating  Plaintiff’s counsel as counsel for the Putative Class;   c.  Order directing proper notice to be mailed to the Putative Class at  Defendant's expense;   d.   Order finding that Defendant committed multiple, separate violations of the 