1.  Accutrace Reports Inaccurate, Antiquated and Sealed Information   13.  At all times pertinent hereto, Accutrace was a consumer reporting agency (“CRA”)  as defined by section 1681a(f) of the FCRA, and a “person” as defined by section 1681a(b).   14.  At all times relevant hereto, Plaintiff was a “consumer” as that term is defined by  section 1681a(c) of the FCRA.   15 U.S.C. § 1681k (Individual Claim)   15 U.S.C. § 1681c (Class Claim)   15 U.S.C. § 1681b(b)(3) (Class Claim)   15 U.S.C. § 1681e(b) (Class Claim)   15.  Among other things, the FCRA regulates the collection, maintenance, and  disclosure of consumer reports by CRAs, including public record information.   16.  Accutrace investigates and reviews public record databases and maintains  consumer files which contain public record information concerning, among other things, the  alleged criminal record history of individuals.   18.  When a CRA produces a copy of a consumer's report to the consumer or a third  party, the CRA is required to exclude adverse items of information, including records of arrest,  which antedate the consumer report by more than seven years.  See 15 U.S.C. § 1681c(a)(5).   19.  Adverse items of information, such as records of arrest which antedate the  consumer report by more than seven years, may be included in a consumer report, but only for  consumer reports used in connection with the employment of any individual at an annual salary  which equals, or which may be reasonably expected to equal $75,000, or more.  See 15 U.S.C.  § 1681c(b)(3).   2.  Accutrace Takes Adverse Action Against Consumers Before Providing Notice   20.  A CRA is also prohibited from disclosing records of offenses that have been  ordered sealed by a court.   21.  Despite these clear and unambiguous requirements of the FCRA, Accutrace sells  adverse items of information, including records of arrest, which predate the consumer report by  more than seven years, before Accutrace knows or would have any reason to know that the  consumer credit report is being used in connection with the employment of an individual who  meets the FCRA salary threshold requirement of an annual salary of $75,000 or more.   22.  Based on a common policy and practice, Accutrace regularly and unlawfully  reports outdated criminal records.   23.  Accutrace also reports records of offenses, such as juvenile offenses, that have been  sealed by court order.   25.  Despite its duties to refrain from reporting outdated, sealed and adverse  information, Accutrace has nonetheless deliberately, willfully, intentionally, recklessly and  negligently adopted a policy and practice that disregards these duties, in violation of the FCRA.   26.  In addition to providing background reports, on information and belief, Accutrace  also provides to its employment screening customers an additional service called “adjudication.”   Under this service, Accutrace scores an applicant eligible or ineligible for employment based upon  an adjudication “matrix” that the customer developed with Accutrace using its hiring criteria.   Reports are then adjudicated by Accutrace as either meeting or not meeting the customer’s  requirements.   27.  The adjudication service is attractive to Accutrace’s customers who are constantly  hiring and promoting in large volumes because it provides the customer with a remote, outsourced  tool to make its employment decisions rapidly.    28.  Once Accutrace adjudicates an applicant as ineligible for employment on a  background report (because that applicant purportedly has a criminal court record, for example)  that adjudication removes an applicant from hiring consideration.    29.  Employers will, in effect, adopt Accutrace’s adjudication as their own, without any  further process given to the job applicant, and take adverse action based upon that adjudication.      31.  Under the FCRA, any “person” using a consumer report, such as Defendant, who  intends to take an “adverse action” on a job application “based in whole or in part” on information  obtained from the consumer report, must provide notice of that fact to the consumer-applicant and  must include with the notice a copy of the consumer report and a notice of the consumer’s dispute  rights under the FCRA, before taking the adverse action.  15 U.S.C. § 1681b(b)(3)(A); see also  Goode v. LexisNexis Risk & Info. Analytics, 848 F. Supp. 2d 532, 542 (E.D. Pa. 2012) (more than  one business can be a user of a single background report; “Under the FCRA, ‘person’ means any  individual, partnership, corporation, trust, estate, cooperative, association, government or  governmental subdivision or agency, or other entity. § 1681a(b). Thus, defendant is a person and  must comply with § 1681b(b)(3)(A).”).     32.  A primary reason that Congress required that a person intending to take an adverse  action based on information in a consumer report provide the report to the consumer before taking  the adverse action is so the consumer has time to review the report and dispute information that  may be inaccurate or discuss the report with the prospective employer before adverse action is  taken.  See Federal Trade Commission letter dated December 18, 1997 to Harold R. Hawkey, Esq.  (“[T]he clear purpose of the provision to allow consumers to discuss reports with employers or  otherwise respond before adverse action is taken.”).   34.  Consistent with that purpose, federal courts have held that consumers must be  provided with the report “a sufficient amount of time before … adverse action [is taken] so that  the consumer may rectify any inaccuracies in the report.”  Williams v. Telespectrum, Inc., 2006  WL 7067107 (E.D. Va. Nov. 7, 2006); Beverly v. Wal-Mart Stores, Inc., 2008 WL 149032 (E.D.  Va. Jan. 11, 2008) (quoting Williams).  In Reardon v. Closetmaid Corp., 2011 WL 1628041 (W.D.  Pa. April 27, 2011), the court certified a class action for prospective employees who did not receive  a copy of their consumer report at least five days before being notified that the employer might  take adverse action.   35.  The reasons for the “pre-adverse action notice” requirement with regard to  employment situations are to alert the job applicant that she is about to experience an adverse  action, such as a rejection, based on the content of a report, and to provide her an opportunity to  challenge the accuracy or relevancy of the information with the consumer reporting agency or the  user before that job prospect or job is lost.   36.  Accutrace typically does not provide job applicants with a copy of their consumer  reports or a statement of their FCRA rights before taking adverse action against them based upon  the information in such reports, despite being required to do so by section 1681b(b)(3)(A) of the  67.  Plaintiff reserves the right to amend the definition of the Classes based on discovery  or legal developments.   68.  Numerosity.  FED. R. CIV. P. 23(a)(1).  The Class members are so numerous that  joinder of all is impractical.  Upon information and belief, Accutrace sells hundreds if not  thousands of consumer reports each year, and those persons’ names and addresses are identifiable  through documents maintained by Accutrace.   70.  Typicality.  FED. R. CIV. P. 23(a)(3).  Plaintiff’s claims are typical of the claims  of each Class member.  Plaintiff has the same claims for statutory and punitive damages as Class  members, arising out of Accutrace’s common course of conduct.   71.  Adequacy.  FED. R. CIV. P. 23(a)(4).  Plaintiff is an adequate representative of the  Classes.  Her interests are aligned with and not antagonistic to, the interests of the members of the  Classes she seeks to represent, she has retained counsel competent and experienced in such  litigation, and she intends to prosecute this action vigorously.  Plaintiff and her counsel will fairly  and adequately protect the interests of the members of the Classes.   73.  Plaintiff incorporates the foregoing paragraphs as though the same were set forth at  length herein.   74.  At all times pertinent hereto, Accutrace was a “person” and a “consumer reporting  agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).   75.  At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by  15 U.S.C. § 1681a(c).   76.  At all times pertinent hereto, the above-mentioned background report was a  “consumer report” as that term is defined by 15 U.S.C. § 1681a(d).   77.  Accutrace violated the FCRA by engaging in the following conduct in violation of  15 U.S.C. § 1681c(a)(5):  a.  Failing to maintain strict procedures to assure that the adverse information  being reported is not out of date; and  b.  Failing to exclude outdated adverse information in its consumer reports.   79.  Plaintiff incorporates the foregoing paragraphs as though the same were set forth at  length herein.   80.  At all times pertinent hereto, Accutrace was a “person” and “consumer reporting  agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).   81.  At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by  15 U.S.C. § 1681a(c).   82.  At all times pertinent hereto, the above-mentioned background report was a  “consumer report” as that term is defined by 15 U.S.C. § 1681a(d).   83.  Accutrace violated 15 U.S.C. § 1681e(b) as to Plaintiff, the 1681e(b) Sealed Record  Class and the 1681e(b) Juvenile Record Class by willfully and negligently failing to follow  reasonable procedures to assure maximum possible accuracy in the preparation and sale of  consumer reports about Plaintiff and other consumers which contained public records or criminal  records that had been expunged, vacated, sealed or dismissed prior to their sale and/or  dissemination, or which contained records of juvenile offenses.     84.  The violations by Accutrace were willful and negligent, rendering Defendant liable  for statutory damages, punitive damages, and actual damages in an amount to be determined by  the Court pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o.  86.  At all times pertinent hereto, Accutrace was a “person” and “consumer reporting  agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).   87.  At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by  15 U.S.C. § 1681a(c).   88.  At all times pertinent hereto, the above-mentioned background report was a  “consumer report” as that term is defined by 15 U.S.C. § 1681a(d).   89.  The FCRA provides that any person “using a consumer report for employment  purposes” who intends to take any “adverse action based in whole or in part on the report,” must  provide the consumer with a copy of the report and a written description of the consumer’s rights  under the FCRA, as prescribed by the Federal Trade Commission, before taking such adverse  action.  15 U.S.C. § 1681b(b)(3)(A).    90.  For purposes of this requirement, an “adverse action” includes “any . . . decision .  . . that adversely affects any current or prospective employee.”  15 U.S.C. § 1681a(k)(1)(B)(ii).   91.  Accutrace is a “person” that regularly uses background reports for employment  purposes.     92.  The FCRA requires Defendant, as a user of consumer reports for employment  purposes, before taking adverse action based in whole or in part on the report, to provide to the  consumer to whom the report relates, a copy of the report and a written description of the  consumer’s rights under the FCRA.  15 U.S.C. § 1681b(b)(3)(A)(i), (ii).   94.  Plaintiff incorporates the foregoing paragraphs as though the same were set forth at  length herein.   95.  Pursuant to 15 U.S.C. §§ 1681n and 1681o, Accutrace is liable for failing to failing  to notify Plaintiff Doe that it was reporting public record information about her at the time it  furnished such information to the Staffing Companies, and failing to maintain strict procedures to  insure that the public record information it was reporting was complete and up to date, in violation  of 15 U.S.C. § 1681k.  A.   Accutrace’s Practices As A Consumer Reporting Agency And Furnisher Of  Consumer Information For Employment Purposes  