Anne Bucher  |  April 23, 2014

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Swift Transportation class action settlementSwift Transportation Co. has agreed to pay $4.4 million to settle a class action lawsuit accusing the trucking company of failing to inform job applicants that they had the right to access and contest records used during the company’s hiring process, according to court documents filed Monday in Virginia federal court.

The plaintiffs have filed a motion seeking preliminary approval of the class action settlement, which would resolve claims that Swift violated the Fair Credit Reporting Act (FCRA) by neglecting to inform prospective drivers about their rights to access the records used during the company’s hiring process.

The class action lawsuit was initially filed last summer by James Ellis III. He applied for a job as a driver for Swift in 2012, but was allegedly denied employment due to his background check. Ellis alleged that Swift obtained a copy of his criminal history report without first obtaining his authorization to do so.

The class action lawsuit also alleged that Swift failed to let job applicants know that they had the right to access the same information that was provided to the company during the background check process and that applicants have the right to question the information Swift uses when making hiring decisions.

Swift also violated the FCRA by failing to inform job applicants about their right to obtain a free copy of the background check obtained by the company and that they could dispute any information contained in the report, the class action lawsuit alleged.

Swift has denied any wrongdoing but agreed to settle the class action lawsuit to avoid the expense and uncertainty of trial. The company has also reportedly clarified its hiring practices.

Class Members of the proposed Swift background check settlement include more than 10,000 people who applied for jobs as drivers with Swift between July 23, 2008 and Sept. 30, 2012.

In March, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Federal Trade Commission (FTC) co-published documents that clarify how the agencies’ laws apply to background checks performed for hiring purposes. This guidance is the first time that the two agencies have collaborated to create resources that address such concerns.

The class is represented by Leonard Anthony Bennett, Matthew James Erausquin, Janelle Mason Mikac and Casey Shannon Nash of Consumer Litigation Associates PC, as well as by Anthony R. Pecora and Matthew Anderson Dooley of O’Toole McLaughlin Dooley & Pecora Co. LPA.

The Swift Transportation Background Check Class Action Lawsuit is Ellis v. Swift Transportation Co. of Arizona LLC, Case No. 3:13-cv-00473, in the U.S. District Court for the Eastern District of Virginia.

UPDATE: A second round of class action settlement checks were mailed to 14,000 Class Members on December 23, 2014. Some viewers reported to Top Class Actions that these checks were bouncing. We reached out to the Settlement Administrator and they confirmed that the bank, without reason, put a hold on the settlement account several days after checks were distributed. After learning about the mistake, the bank immediately removed the hold. A small number of Class Members who tried to cash their settlement checks during this time period had their checks bounce. 

If you tried to cash a settlement check and it did not go through, the Settlement Administrator is advising you to call 1-800-222-2760 and request a refund of any bank fees you incurred. You may also request that they reissue a new check or you may redeposit the check you currently have. The Settlement Administrator website is www.SwiftClassAction.com.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


15 thoughts onSwift Transportation to Settle Background Check Class Action Lawsuit

  1. Richard Livingston says:

    i was denied employment with swift as a result of a charge i caught 20 years ago.
    it should be noted that the said charge was suppose to be a sealed record but still swift called me inquiring
    details about a crime 20 years ago

  2. Luis Marrero says:

    Yo a acabo de renunciar,me dieron un tranning de 220 horas un mes completo y me pagaron solo 180 horas a 9.50

  3. Administrator says:

    Please contact the Settlement Administrator at 800-222-2760. They will be able to reissue you a new check and reimburse you for any incurred fees.

  4. Uton says:

    I had deposited a check from Swift Class Action Settlement c/o Settlement Administrator PO Box 1607
    Blue Bell, PA 19422 towards the end of December. My bank returned the check back to me with a $12.00 fee. It said that it was uncollected funds hold. They told me to contact Swift Class Action Settlement c/o Settlement Administrator as to why they don’t have the funds. I tried online to fine an actual telephone number for them, but couldn’t find anything. The sad is my bank said I’m not the only one with the issue. So many people had the same problem as I did. Also I see plenty of comments from people with the same issue. SO WHAT’S GOING ON HERE!! It’s almost as if Swift Class Action Settlement c/o Settlement Administrator is a scam. I want answers!

    1. Top Class Actions says:

      We reached out to the Settlement Administrator after receiving numerous reports of checks bouncing. Please see our article update above. It explains how to receive a refund of any bank fees you incurred, and how to request a new check.

  5. James New says:

    I go a $50 check and it bounced from swift action law suit what do i do now

    1. Top Class Actions says:

      We reached out to the Settlement Administrator after receiving numerous reports of checks bouncing. Please see our article update above. It explains how to receive a refund of any bank fees you incurred, and how to request a new check.

  6. Lonnie says:

    We received the class action check in the mail of $50 for background check suite but when we cashed it the check bounced and was charged against out account with our bank. So now what.

    1. James New says:

      .my check bounced to

    2. Top Class Actions says:

      We reached out to the Settlement Administrator after receiving numerous reports of checks bouncing. Please see our article update above. It explains how to receive a refund of any bank fees you incurred, and how to request a new check.

    3. Zach says:

      That’s your problem..

  7. Donald Gleen Lanier says:

    I filled out application. While in truckin school at that time and i recived a letter in mail about lawsuit and it said i could recive a part of the settlement but i havent heard anything else can you please tell me something thank you

  8. Bobby M.Brent says:

    I put in and application in2011,with Swift Transportation.I want to join the suite.

    I live at:
    858 Dallas St
    Memphis,TN 38114
    901-281-5721
    Thank You

  9. anita Roberts-Johnson says:

    I remember filling out a application for this company as a office dispatcher and I could tell by the was the other office employees were standing around checking out my application I wasn’t gonna get that position and I bet a lot of people looking for work with this company has been not given a chance to work because of this background check/and or discrimination they don’t care much for different colors working in that place.so who knows the reason why none of us go jobs……….

    1. joe says:

      swift are all criminals.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.