Class Eligibility

You are a part of the Settlement if you signed up to use the Postmates’ platform as a courier and were subject to a background check between July 31, 2013 and May 1, 2016. If you signed up to use Postmates’ platform as a courier between July 31, 2013 and September 24, 2015 and were not granted access to the Postmates’ platform due to the result of your background check, you will be eligible to receive a monetary recovery without submitting a Claim Form (Category 1681b(b)(3) Class Members). Otherwise, you must submit a Claim Form to receive monetary relief (Category 1681b(b)(2) Claim Members). Both categories of Settlement Class Members will also receive certain non-monetary relief and will be bound to the same releases contained in the Settlement Agreement unless they opt out.

Estimated Amount

$14 – $75

Proof of Purchase

Yes

Case Name

Nesbitt, et al. v. Postmates, Inc.;
Case No. CGC-15-547146
Superior Court of California San Francisco County

Case Summary

Plaintiffs allege that Postmates violated the Fair Credit Reporting Act (“FCRA”) in two ways. First, Plaintiffs allege that Postmates failed to provide proper legally required disclosures to individuals who signed up to be couriers utilizing Postmates’ platform prior to obtaining consumer reports on them. Second, Plaintiffs allege that Postmates failed to provide individuals who signed up to be couriers utilizing Postmates’ platform with a copy of their consumer reports and a notice of their rights before allegedly taking adverse action against them. Plaintiffs allege that Postmates procured and used these consumer reports for “employment purposes.”

Postmates disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Settlement Class. In the lawsuit, Postmates has denied Plaintiffs’ allegations and has raised a number of defenses to the claims asserted. Postmates further denies that the FCRA “employment purposes” provisions apply to individuals who signed up to be couriers utilizing Postmates’ platform. Postmates further contends that, absent this settlement, many individuals would be required to individually arbitrate their claims, if any, against Postmates rather than pursuing them in court.

No court has found Postmates to have violated the law in any way. No court has found that the Plaintiffs could recover any certain amount in this litigation.

Although the Court has authorized Notice to be given of the proposed Settlement, this Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit.

Settlement Pool

$2,500,000

Deadline

10/17/2017

Contact


Nesbitt FCRA Settlement
c/o JND Class Action Administration
P.O. Box 6878
Broomfield, CO 80021
1-888-213-8889

5 responses to “Postmates Inc. FCRA Class Action Settlement”

  1. AMILIA OTIS says:

    Yes
    I applied to post mates; and a background check and denied a job after the background check came back in January of 2015

  2. Marcia Bravo says:

    I have

  3. Marcia Bravo says:

    I’ve ordered from Postmates for a while now

  4. Jim Smith says:

    I ordered a burger and fries from 5 guys and it was all wrong, not to mention cold. Can I get in on this class-action because of that?

    ADMIN – Hi Jim,

    Absolutely no. This class action is not for those who make poor nutritional choices. 😉

  5. Frederick Smith says:

    I was fired after I just got hired by postmates I never was told anything bout a back ground check or told why I was fired I felt so bad

    ADMIN – Hi Frederick,

    This settlement has to do with providing proper disclosures when running a background check. Getting fired unfairly and a separate issue. If you believe your rights were violated consider securing legal counsel.

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