Earlier this month, a class representative for employees and prospective employees at Delta Airlines reached a proposed settlement with Delta.  The settlement is awaiting court approval but provides helpful context of the issues involved in high-stakes FCRA litigation.

The case, Schofield v. Delta Air Lines, Inc., N.D. Cal. Case No. 3:18-cv-00382-EMC, involves allegations that Delta violated FCRA as well as three California statutes by failing to include sufficient disclosures in the forms that Delta used to disclose its use of background checks conducted for current and prospective employees.  The plaintiffs also alleged that the disclosure forms were not clear and conspicuous and that the forms contained impermissible extraneous information.

The settlement would provide for payment of $2.3 million to the class, which is composed of approximately 44,100 individuals.  If approved, between one quarter and one-third of the settlement will be paid in attorney fees and costs, the lead plaintiff would receive an extra award of $10,000, and the settlement administrator would receive approximately $70,000.  This would lead to a recovery of over $30 for each class member (out of a total settlement fund of over $50 for each class member).