NOTICE OF CERTIFICATION OF CLASS ACTION
DAVID K. HELWIG, on behalf of himself and all others similarly situated
v.
CONCENTRIX CORPORATION
United States District Court, Northern District of Ohio, Case No. 1:20-cv-920
NOTICES WERE SENT TO THOSE WHO APPLIED FOR EMPLOYMENT WITH CONCENTRIX CORPORATION ("CONCENTRIX") AND CONCENTRIX OBTAINED A BACKGROUND REPORT AND MAY HAVE DENIED YOU EMPLOYMENT BASED ON THAT REPORT BETWEEN APRIL 29, 2018 THROUGH MARCH 20, 2024.
This lawsuit alleges that Concentrix did not comply with the Fair Credit Reporting Act (“FCRA”) when it used background checks for job applicants. If you are a Class Member, Concentrix obtained and/or relied on your background check in connection with your application for employment with Concentrix. The suit alleges that Concentrix violated your rights under a federal law – the FCRA – in the manner in which it communicated to you about your background check for employment purposes.
If you are a Class Member, you applied for employment with Concentrix and Concentrix obtained a background report and may have denied you employment based on that report. Specifically, the Court certified the following Class: “All persons within the United States (including all territories and other political subdivisions of the United States): (a) who were the subject of a consumer report furnished to Concentrix from April 29, 2018 through March 20, 2024; (b) who received an email or letter from Concentrix containing the “no longer being considered” language (or a substantively close approximation thereof); and (c) against whom Concentrix took adverse employment action based in whole or in part on the consumer report without allowing a chance to address the report.”
Your legal rights are affected whether you act or don’t act. Read this notice carefully.
Important Court Documents
WHY DID I RECEIVE THIS NOTICE?
This notice is provided pursuant to an order issued by the United States District Court for the Northern District of Ohio (the “Court”). The purpose of this Notice is to inform you that a class has been certified in a lawsuit brought against Concentrix Corporation. (“Concentrix”). You received this Notice because you may be a Class Member, defined in bold type above. This Notice is intended to inform you how this lawsuit may affect your rights and what steps you may take going forward. This Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses made by the Parties to this class action.
WHAT IS THIS LAWSUIT ABOUT?
This lawsuit alleges that Concentrix did not comply with the Fair Credit Reporting Act (“FCRA”) when it used background checks for job applicants. If you are a Class Member, Concentrix obtained and/or relied on your background check in connection with your application for employment with Concentrix. The suit alleges that Concentrix violated your rights under a federal law – the FCRA – in the manner in which it communicated to you about your background check for employment purposes.
The Plaintiff is seeking an order requiring Concentrix to pay damages to each Class Member. The lawsuit will determine whether and to what extent Concentrix has liability to pay these damages. The Court’s decision to certify the Class is separate and distinct from a decision whether Concentrix committed any violations of the Fair Credit Reporting Act. Concentrix denies the Plaintiff’s claims in their entirety and denies that it is liable for any damages. The Court has not yet set a trial date for this case.
WHO IS A MEMBER OF THE CLASS?
If you are a Class Member, you applied for employment with Concentrix and Concentrix obtained a background report and may have denied you employment based on that report. Specifically, the Court certified the following Class:
All persons within the United States (including all territories and other political subdivisions of the United States): (a) who were the subject of a consumer report furnished to Concentrix from April 29, 2018 through March 20, 2024; (b) who received an email or letter from Concentrix containing the “no longer being considered” language (or a substantively close approximation thereof); and (c) against whom Concentrix took adverse employment action based in whole or in part on the consumer report without allowing a chance to address the report.
WHO REPRESENTS THE CLASS?
The Court appointed the law firm of Gembala, McLaughlin & Pecora Co., LPA to represent the Class. Attorney Stephen M. Bosak is the primary point of contact on behalf of Class Counsel. If you have any questions, you may contact Class Counsel by calling (440) 930-4001, by U.S. Mail at 5455 Detroit Road, Sheffield Village, Ohio 44054 or by e-mail at classcounsel@gmpfirm.com. You may also review the Court’s Order certifying the Class and other pertinent documents at https://www.gmpfirm.com/concentrixclasscertification.
MAY I OPT OUT OF THE CLASS ACTION?
You may choose to either remain a Class Member or to exclude yourself from the Class by opting out. You should understand the consequences before making your decision. If you wish to remain a Class Member and to be bound by the outcome of this litigation, whether favorable or unfavorable, then nothing further is required at this time. You will automatically be included in the Class if it is determined that you do in fact meet the definition of a Class Member. In deciding whether to remain a Class Member, you may consult Class Counsel. If you do not wish to remain a Class Member you may choose to be excluded from the Class, and you will not be bound by any judgment or final disposition of this lawsuit.
If you do not wish to remain a Class Member, you must complete and submit the “Request for Exclusion from Class” form that is attached to this Notice, postmarked no later than July 17, 2025.
Your request for exclusion form should be mailed, first-class, to: Stephen M. Bosak, Gembala, McLaughlin & Pecora Co., LPA, 5455 Detroit Road, Sheffield Village, Ohio 44054. By making an election to be excluded: (1) you will not share in any potential recovery that may be obtained by the Class as a result of the trial or settlement of this lawsuit; (2) you will not be bound by any decision in this lawsuit whether favorable to the Class or favorable to Concentrix; and (3) you may present any claims you have against Concentrix by filing your own lawsuit, or you may seek to intervene in this lawsuit.
WHAT ARE MY RIGHTS AND OBLIGATIONS IF I REMAIN A CLASS MEMBER?
If you remain a Class Member, the Plaintiff and Class Counsel will act as your representatives and legal counsel for the presentation of the claims against Concentrix. You may also ask the Court to be heard in this lawsuit individually. You may also advise the Court if, at any time, you do not believe that you are being fairly and adequately represented by the Plaintiff and Class Counsel. Your participation in any recovery or other benefit will depend upon the results of this lawsuit. If no recovery or other benefit is obtained for the Class, you will be bound by that result. Additionally, if Class Counsel is successful in obtaining a judgment in the Class’s favor or a settlement is reached, all Class Members will share any monetary recovery. As a Class Member, you will not be personally responsible for any attorneys’ fees or costs unless you retain your own attorney, in which case you will be responsible for your own attorney’s fees and costs. You will be entitled to notice of any ruling that affects the size of the Class and also to notice of (and an opportunity to be heard respecting) any proposed settlement or dismissal of claims by the Class. If you change your address, or if this Notice was not mailed to your correct address, you should immediately send notice in writing of your correct address to: Stephen M. Bosak, Gembala, McLaughlin & Pecora Co., LPA, 5455 Detroit Road, Sheffield Village, Ohio 44054
HOW DO I OBTAIN ADDITIONAL INFORMATION?
If you have any questions concerning the matters contained in this Notice, you may call Class Counsel at (440) 930-4001. The records in this litigation may also be examined online through pacer.uscourts.gov or in person during office hours, and subject to customary copying fees, at the Clerk of the Court, United States District Court, Northern District of Ohio.
DO NOT CONTACT THE JUDGE OR THE CLERK OF COURT.
Class Counsel:
Stephen M. Bosak
Gembala, McLaughlin & Pecora Co., LPA
5455 Detroit Road, Sheffield Village, Ohio 44054
(440) 930-4001
classcounsel@gmpfirm.com