Swift makes $4.4 million settlement with 160,000 driver applicants over background checks

| April 23, 2014

12-swift 4 odSwift Transportation has agreed to a $4.4 million class-action settlement in the case involving claims that the carrier violated stipulations of the Fair Credit Reporting Act by not disclosing to driver applicants that it could access background checks and not allowing applicants to contest the carrier’s findings. 

The settlement applies to any driver applicant for Swift between July 23, 2008, and Sept. 30, 2012, for whom Swift obtained a background check, motor vehicle history report or consumer report and did not first have an in-person interaction with, according to court documents. 

There are about 161,000 members in the class, court documents say, divided into two types: Group 1 and Group 2. There are about 48,000 Group 1 members and about 113,000 Group 2 members. 

Related

Swift being sued for not disclosing it used background checks in hiring

Swift has been sued for allegedly violating the Fair Credit Reporting Act by not disclosing to applicants that it could access background checks and not allowing applicants to contest those background checks.

Group 1 members will get $50 each, and the remainder of the $4.4 million will be divided between the Group 2 members, with each settlement to not exceed $50 and the overall settlement to not exceed $4.4 million. 

The suit was brought by James Ellis III last summer, who claimed he was denied a job with Swift after the company performed a background check on him. He argued the company was not allowed to view the report and that Swift did not disclose to him that he could see a free copy of the background report for 60 days to contest any information within it — a violation of the Fair Credit Reporting Act. 

Both sides met with a mediator in February and reached the settlement agreement, according to court documents. 

Class members have 60 days from the settlement’s final court approval to opt out and pursue separate legal action. 

  • http://thedotdoctor.com/ Andrea Sitler PhD DsC

    Swift is way to big to not know the rules. Hopefully this will raise awareness to all trucking companies of all sizes to play by the rules.

  • Zak

    swift is a dirty back staving company, once in 2002 I applied for a driving job, at that time I was living in Miami, when they except me on there driving position to be driving with another more season driver they ask me to drive all the way to Ocala where they were about 450 miles away so I did I need it the job, so I drove all the way there for the first nigh they give me a motel the second day after all their testing , drugs, driving, background, etcetera, day said I’ll be driving the next day, but the next day they just said WE DO NOT NEED YOU and kick me out no explanation no money for gas to get back top Miami, up to this day I do not know what happen, am glad some people will get some money but 50 bucks sound hilarious.

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  • metrotrans

    You are a PhD and don’t know the difference between “to” and “too”????

  • JJMcClure

    she takes a doo. and a fart…..PhD hack

  • http://thedotdoctor.com/ Andrea Sitler PhD DsC

    No, just proves no matter how many letters you have behind your name; you are still human and prone to mistakes. Thank you for the reminder.

  • Sherrod

    Lmao you must not know the difference. ….

  • Bob Brazill

    her usage is actually correct

  • truckergirl702

    It’s always the wisest thing to know what you are talking about before you try to put somebody down for something. Or better yet…leave them alone! It’s not your place to judge anybody! Obviously YOU are not perfect…but we will let that go. It blows me away how rude people are these days. Nobody is perfect (even though she did use the proper spelling). I know how many times my “smart”ass phone changes words on me. I may not always catch them because I may be trying to answer somebody quickly or it just gets overlooked because I know I typed in the correct word. I do try my best to make sure my spelling and grammar are correct. With people like you, maybe I better be sure that my I’s are dotted and my T’s are crossed. Good grief!

  • truckergirl702

    It’s always the wisest thing to know what you are talking about before you try to put somebody down for something. Or better yet…leave them alone! It’s not your place to judge anybody! Obviously YOU are not perfect…but we will let that go. It blows me away how rude people are these days. Nobody is perfect (even though she did use the proper spelling). I know how many times my “smart”ass phone changes words on me. I may not always catch them because I may be trying to answer somebody quickly or it just gets overlooked because I know I typed in the correct word. I do try my best to make sure my spelling and are correct. With people like you, maybe I better be sure that my I’s are dotted and my T’s are crossed. Good grief!