This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Fair Credit Reporting Act
Investigative Consumer Reporting Agencies Act

Irene Fernandez, individually, and on behalf of other members of the general public similarly situated v. Home Depot USA Inc.

Published: Feb. 13, 2016 | Result Date: Jan. 19, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-00648-DOC-RNB Settlement –  $3,000,000

Court

USDC Central


Attorneys

Plaintiff

Cody R. Padgett
(Capstone Law APC)

Jordan L. Lurie
(Pomerantz LLP)

Robert K. Friedl
(Capstone Law APC)

Tarek H. Zohdy
(Capstone Law APC)


Defendant

Joseph C. Sarles
(Quinn, Emanuel, Urquhart & Sullivan LLP)

Shon Morgan
(Quinn, Emanuel, Urquhart & Sullivan LLP)


Facts

Irene Fernandez filed a putative class action against Home Depot U.S.A. Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the forms Home Depot used to disclose a background check would be run in connection with applications for employment contained extraneous information in violation of the Fair Credit Reporting Act, California's Investigative Consumer Reporting Agencies Act, California's Consumer Credit Reporting Agencies Act. Plaintiff also asserted claims for California Business & Professions Code Section 17200.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Result

Home Depot agreed to settle the action on a class-wide basis for $3 million. As part of the settlement, Home Depot agreed to stop using the allegedly improper form and to use only a form that both parties agreed complies with the relevant laws.

Other Information

FILING DATE: April 24, 2013.


#102128

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390