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NCR Corporation

Chris Goh v. NCR Corporation, AAA No., 01-15-0004-0067 (AAA, Seattle, Wash.)

This case is about whether NCR Corporation failed to give its applicants and employees legally sufficient disclosures before performing background checks on them. The case alleges that NCR’s practice of failing to provide adequate disclosures that it was procuring a consumer report on applicants and employees violated the Fair Credit Reporting Act. We filed this case with the American Arbitration Association (AAA) on behalf of Chris Goh and a proposed class of all individuals on whom NCR obtained a consumer report for employment purposes in the two years prior to filing the demand.

Type of Case

Fair Credit Reporting Act Violatons

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Case Updates

  • September 9, 2018

    NCR Corporation Update

    This arbitration has been stayed so that the parties can discuss the possibility of settlement.

  • April 1, 2016

    NCR Corporation Background Checks Case Update

    On March 8, 2016, the Arbitrator issued a clause construction award finding that Plaintiff Chris Goh's arbitration agreement with NCR allows him to assert claims in arbitration on behalf of a class.

Additional Information

What Is A Class Arbitration?

In a class arbitration, one or more people, called the “class representatives” (in this case, Chris Goh), sue on behalf of themselves and other people who have similar claims. Together, this group of people is called a “class,” and individuals in the group are called “class members.” The class representatives and the class members together are called the “Claimants.” The company they sue (here, NCR Corporation), is called the “Respondent.”

The arbitrator decides whether to certify the matter as a class arbitration and, if so, resolves the claims for everyone in the class—except those who ask to be excluded.

Is This Case Certified As A Class Arbitration?

Not at this time. The AAA’s Supplementary Rules for Class Arbitrations typically govern certification of a class in a AAA matter. The arbitrator has not yet decided whether to allow this matter to proceed as a class arbitration.

Who Is Included?

If the arbitrator certifies this case as a class arbitration, applicants and employees of NCR Corporation who were the subjects of a background check during the relevant time period may be included.

Do I Have To Pay Anything?

You do not have to pay anything to our firm if you join the arbitration. We are handling this case on a contingency basis. This means we will only be paid if we are successful in obtaining relief, and that payment will only come out of a settlement or award in favor of the proposed class in the event that the payment is approved by the arbitrator or by a court.

Is There Money Available Now?

No. The arbitrator has not yet issued a final award, and so far the case has not settled.

How Do I Learn More?

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

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