Domino’s Pizza (Fair Credit Reporting Act)

Singleton, et al. v. Domino’s Pizza, LLC

Staff: Jean Guthrie, Travis Kowitz
Attorneys: Rebekah L. Bailey, E. Michelle Drake

In July 2011, we filed a Complaint on behalf of Domino’s employees and prospective employees.  The lawsuit alleges that Domino’s routinely obtains and uses consumer reports to conduct background checks on its employees and prospective employees.  Domino’s then relies on this information to make important employment decisions, such as whether to hire, fire, or promote employees.  The Complaint alleges that, in doing so, Domino’s violates the Fair Credit Reporting Act (“FCRA”).

According to the Complaint, Domino’s takes adverse employment actions against employees and prospective employees without first providing them with a copy of their consumer reports and a reasonable opportunity to respond or to correct any inaccuracies in the reports.  Also, the forms that Domino’s requires employees to sign do not meet the requirements of the FCRA.  For these violations, Plaintiff seeks statutory damages, punitive damages, costs and attorneys’ fees, equitable relief, and other appropriate relief.

Nichols Kaster also represents Domino’s delivery drivers in two cases, seeking unpaid minimum wages caused by unreimbursed delivery fees and delivery charges, entitled Luiken v. Domino’s Pizza, LLC, Case No. 0:09-cv-00516 (D. Minn.) (filed Nov. 3, 2009), and Nelson v. Domino’s Pizza, LLC, Case No. 0:11-cv-00111 (D. Minn.) (filed Jan. 14, 2011).

What Is A Class Action?

 In a class action lawsuit, one or more people, called the “class representative” (in this case Adrian Singleton), sue on behalf of themselves and other people who have similar claims.  Together, this group of people is called a “class” or “class members.”  The class representative and the class members together are called the “Plaintiffs.”  The company they sue (Domino’s Pizza), is called the “Defendant.”  The judge or jury resolves the claims for everyone in the class—except those who ask to be excluded from the lawsuit.

Is This Certified As A Class Action?

Not at this time. Rule 23 of the Federal Rules of Civil Procedure governs class actions in federal courts. The Court has not yet decided whether to allow this lawsuit to proceed as a class action under this rule. At an appropriate time, we intend to file a motion with the Court asking it to certify the lawsuit as a class action. The Complaint alleges that treatment of the lawsuit as a class action is appropriate for the following reasons:

• There are numerous individuals in the proposed class.
• There are factual and legal issues that are common to each member of the proposed class.
• The common factual and legal issues predominate over any individual issues that may be unique to particular employees.
• The named plaintiff’s claims are typical of the claims of the members of the proposed class.
• The named plaintiff and the lawyers will adequately represent the proposed class.
• The employer acted or refused to act on grounds that apply generally to the proposed class.
• Prosecution of separate actions by or against individual members of the proposed class would create a risk of inconsistent outcomes.
• A class action will be superior to many individual lawsuits, and will provide members of the proposed class a chance of redress.

Who Is Included?

The lawsuit is being brought on behalf of a proposed class consisting of all Domino’s Pizza employees and prospective employees in the United States who received notice on or after July 1, 2009 that Domino’s was taking adverse employment action against them based, in whole or in part, on information contained in a consumer report, and who were not provided a copy of such report in advance.   

What Time Frame Is Covered?

If Domino’s took an adverse employment action against you on or anytime after July 2, 2009, we would be interested in hearing from you.

How Long Will This Case Take?

Class actions can often take many years.  Please check this page periodically for updates on the case’s status.

Is There Money Available Now?

No. The Court has not yet decided whether the plaintiffs’ claims are valid or whether the case may proceed as a class action.

How Can I Help?

As part of our investigatory efforts, we are interested in speaking with other Domino’s employees and prospective employees. If you are or were a Domino’s employee, we would be interested in hearing from you.

You may contact us toll free at 1-877-448-0492, write to us at Nichols Kaster, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, or email our clerk, Travis Kowitz, at tkowitz@nka.com. You may also check this site for periodic updates.

How Do I Learn More?

You may contact us toll free at 1-877-448-0492, write to us at Nichols Kaster, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, or email our clerk, Travis Kowitz, at tkowitz@nka.com. You may also check this site for periodic updates.

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