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consumer

Michaels Stores

Christina Graham v. The Michaels Corporation
Case 2:14-cv-07563-KM-SCM (District of New Jersey)

On December 4th, 2014 we filed a complaint on behalf Christina Graham and all individuals on whom Michaels obtained a consumer report on for employment purposes in the past two years. Employers should not obtain consumer reports on applicants and employees without first making the disclosure required under the Fair Credit Reporting Act (FCRA). The Complaint alleges that Michaels failed to provide a clear and conspicuous stand-alone disclosure prior to procuring background checks for employment purposes. If you have worked or applied to work at Michaels Stores, Inc. in the past two years, please contact the clerk on this case, Dan Burnett (dburnett@nka.com) concerning your experience.

Attorneys

Staff

Type of Case

Fair Credit Reporting Act Violations

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Case Updates

  • November 5, 2015

    Michaels Stores Update

    We filed this case on December 14th 2014. In February, 2015, we filed an amended complaint, adding a second Plaintiff, Gary Anderson. We are currently engaged in preliminary motion practice, and once the Court resolves the preliminary motions, expect to begin discovery shortly.

Additional Information

What Is A Class Action?

In a class action lawsuit, one or more people, called the “class representatives” (in this case, Christina Graham and Gary Anderson), 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 (here, Michaels), 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. No class has been certified yet in the case.

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.

Who Is Included?

If the Court certifies this case as a class action, applicants and employees of Michaels who were the subjects of a background check during the relevant time period will be included.

What Time Frame Does This Case Cover?

This case covers the period from December 14th 2012 to the present.

Do I Have To Pay Anything?

You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Long Will This Case Take?

We do not know how long this case will take, but we anticipate this case extending into next year.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Dan Burnett, at (612) 256-3219 or call toll free at (877) 448-0492, ext. 219, or by email: dburnett@nka.com.

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