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1 JS 44 (Rev. 06/17) / The JS 44 cvl cov provded by local n purpose of ntatn. (a) Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 1 of 22 EDWARD MURRAY, ndvdually a. smlarly stuated (b) County of Resdence of Frst Lsted Plantff (EXCEPT N U.S. PLANTF oootto<dh=o~~~~~~~~~~m~~~~ofploodoo' 'ofu~l1fy,;l1 ~pt~ 1proved by the Judcal Conference of the Unted States n September 1974, s requred for the use of the Clerk:~fb~ourt for the (SEE NSTRUCTONS ON NEXT PAGE OF THS FORM.) 1 DEFENDANTS TRUE SCREEN, NC. ~7 4l36 County of Resdence offrst Lsted Defendant (N U.S. PLANTFF CASES ONLY) NOTE: N LAND CONDEMNATON CASES, USE THE LOCATON OF THE TRACT OF LAND NVOLVED. ( C) Attorneys (Frm Name, Address, and Telephone Nu~er) Robert P. Cocco, P.C., 1500 Walnut St., Ste.900, Phladelpha, PA BASS OF JURSDl~ON (Place an "X" moneboxonry) 0 US. Government 0 Federal Queston, Plantff (US Government Not a Party) Attorneys {f Known). CTZENSHP OF PRNCPAL PARTES (Place an "X" noneboxforpantff (For Dversty Cases Only) and One Box for Defendant) PTF DEF PTF DEF Ctzen of Ths State 0 0 ncorporated or Prncpal Place D 4 D 4 of Busness n Ths State 02 U S Government ~ Dversty Defendant (ndcate Ctzenshp of Partes n tem ) Ctzen of Another State D 2 D 2 ncorporated and Prncpal Place of Busness n Another State D Ctzen or Subject of a Foregn Coun V. NATURE OF SUT (Pf, n "X" n One Box Onlv).. Clck here for: Nature of Sut Code Descrotons l CONTRACT.... ll ~-.. ToR:rs 1 l : "":,.:::.' t;: :-: :'":':. '.:' FORF.ElTUREfflENl\:LT1Y:~): ''<'<. : 'RA:NKRl:BTGY..,::,...: ; OTHER STATl:TES l D 3 D 3 Foregn Na t on D 6 D nsurance PERSONAL NJtRY PERSONAL NJl:RY Drug Related Sezure Appeal 28 USC False Clams Act 0 120Marne o 310 Arplane Rersonal njury - of Property 21 USC Wthdrawal Qu Tam (31 USC 0 130M11erAct Arplane Product J1roduct Lablty Cl 690 Other 28 USC (a)) Cl 140 Negotable nstrument Lablty Cl 367 Health Care/ Cl 400 State Reapportonment Cl 150 Recovery of Overpayment O 320 Assault, Lbel & Pharmaceutcal '" :: Cl 410 Anttrust & Enforcement of Judgment Slander Personal njury Cl 820 Copyrghts Cl 430 Banks and Bankng Cl 151 Medcare Act O 330 Federal Employers' Product Lablty Cl 830 Patent Cl 450 Commerce Cl 152 Recovery of Defaulted Lablty Asbestos Personal Patent - Abbrevated.tJ 460 Deportaton Student Loans O 340Marne l,njury Product New Drug Applcaton 7 ~ 4'0 ~ ct='"'"""""'"' (Excludes Veterans) O 345 Marne Product Lablty Cl 840 Trademark Corrupt Organzatons Cl 153 Recovery of Overpayment Lablty PERSONAL PROPERTY '.. : "LA : :0 ~\.R'AAL~~A K 1,1' of Veterans Benefts O 350 Motor Vehcle Other Fraud Far Labor Standards D 861 HA(l395ft),,-,'l 480 Consumer Credt L 490 Cable/Sat TV Cl 160 Stockholders' Suts O 355 Motor Vehcle Cl 371 Truth n Lendng Act Cl 862 Black Lung (923) Cl 850 Securttes/Commod1t1es/ Cl 190 Other Contract Product Lablty Cl 380 Qt her Personal Cl 720 Labor/Management 863 DWC/DWW (405(g)) 0 Exchange Cl 195 Contract Product Lablty O 360 Other Personal Property Damage Relatons Cl 864 SSD Ttle XV Cl 890 Other Statutory Actons Cl 196 Franchse njury Cl 385 jroperty Damage Ralway Labor Act D 865 RS (405(g)) Cl 891 Agrcultural Acts O 362 Personal njury - Joduct Lablty Famly and Medcal Cl 893 Envronmental Matters Medcal Malpractce Leave Act Cl 895 Freedom oflnformaton REALEROPERTY. CVL RlGHTs.~. ;::. ERSONERPErrTlONS~[ Other Labor Ltgaton ::;;~tfederal 1'AX StTS 1 Act Land Condemnaton Cl 440 Other Cvl Rghts Hab4as Corpus: Cl 791 Employee Retrement Cl 870 Taxes (U.S. Plantff Cl 896 Arbtraton Cl 220 Foreclosure Cl 441 Votng Cl 463 Alen Detanee ncome Securty Act or Defendant) Cl 899 Admnstratve Procedure Cl 230 Rent Lease & Ejectment Cl 442 Employment '1:otons to Vacate RS-Thrd Party Act/Revew or Appeal of Torts to Land Cl 443 Housng/ Sentence 26 USC7609 Agency Decson Tort Product Lablty Accommodatons Cl 530 General Cl 950 Consttutonalty of Cl 290 All Other Real Property Cl 445 Amer. w/dsabltes - Cl 535 Death Penalty : r:;,<>;,'mmgraton~.'0";. ;t State Statutes Employment Other: Cl 462 Naturalzaton Applcaton Amer. w/dsabltes - Cl 540 Mandamus & Other Cl 465 Other mmgraton Other Cl 550 Gvl Rghts Actons Cl 448 Educaton Cl 555 ljrson Condton C[vl Detanee - (Condtons of <l:onfnement RGN (Placean "X"nOneBoxOnly) rgnal D 2 Removed from D 3 Remandld from D 4 Renstated or D 5 Transferred from D 6 Multdstrct D 8 Multdstrct oceedng State Court Appellate Court Reopened Another Dstrct Ltgaton - Ltgaton - (specfy) Transfer Drect Fle V. CAUSE OF ACTON Cte the U.S. Cvl Statute undbr whch you are flng (Do not cte jursdctonal statutes unless dversty): 15 U.S.C et seq. ref descrpton of cause: na~curate credt reportng dspute V. REQUESTED N 0 CHECK F THS S A class ACTON DEMAND$ CHECK YES only f de COMPLANT: DER RULE 23, F.R.cr.P. JURY DEMAND: (SJ DATE FANY (See nstructons): JUDG~ ~~~~~~~~~~~~~-DOCKET NUMBER SJG,ATUREOF ATTORNEY OF RECORD f t" u FOR OFFCE tse ONLY,; RECEPT# AMOUNT APPL YNG FP JUDGE MAG.JUDGE

2 1 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 2 of 22 NTHE UNTED STATES DSTRCT COURT - l'f1.,.:"';~; FOR THE. EASTERN DSTRCT OF PENNSYLVANA ~~;: :~ CASE MANAGEMENT TRACK DESGNATON FORM EDWARD A. MURRAY CVL ACTON v. 17 ~136 NO. TRUE SCREEN NC. et al. ' n accordance wth the Cvl Justce Expense and Delay Reducton Plan of ths court, counsel for plantff shall complete a Case Management Track Desgnaton Form [n all cvl cases at the tme of flng the complant and serve a copy on all defendants. (See 1:03 of the plan set forth [on the reverse sde of ths form.) n the event that a defendant does not agree wth the plantff regardng sad desgn,aton, that defendant shall, wth ts frst appearance, submt to the clerk of court and serve on the plantff and all other partes, a case management track desgnaton form specfyng the track to whch that defendant beleves the case shquld be assgned. SELECT ONE OF THE FOLLOWNG CASE MANAGEMENT TRACKS: ' (a) Habeas Corpus -- Cases brought under 28 U.S.C through (b) Socal Securty -- Cases requestng revew of a decson of the Secretary of Health and Human Servces denyng plantff Socal Securty Benefts. ( ) (c) Arbtraton -- Cases requred to be desgnated for arbtraton under Local Cvl Ru;le 8. (d) (e) (f) Asbestos -- Cases nvolvng clalms for personal njury or property damage frorh exposure to asbestos. Specal Management -- Cases thpt do not fall nto tracks (a) through (d) that are cqmmonly referred to as complex and that need spec~ or ntense management by the court. (See reverse sde df ths form for a detaled explanaton of specal management cases.) Standard Management -- Cases jhat do not fall nto any one of the other tracks. ' 11.rtr ~ (Date) Attorley-at-law G ROBERT P. COCCO~. Attor~ey for Plantff SEP 15 20]]

3 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 3 of 22,;?c 1 ( ~>. ~ UNTEDSTATESDSTRCTCOURT FOR THE EASTEJN DSTRCT OF PENNSYLVAN~ -- b~sl.gnatlqn.:fprm.to be used by counsel to ndcate the category of the case for the purpose of assgnment to approprate calendar. ':~. C"' l ;. ',.'f.: ' ' 1 1 r.., : 1 ~)... "... Address of Plantff: 7317BoreaPlace,Pfulad~lpfa,PA ~ ' Y(/,'.' J1 3 6 Address of Defendant: 251 Veterans Way Warmnster, PA Place of Accdent, ncdent or Transacton: 7317 Boreal Place. Phabelpha, PA (Use Reverse Sde For Addtonal Space) Does ths case nvolve multdstrct ltgaton possbltes? RELATED CASE, F ANY: None.,~o '~ Case Number: Judge ~ Date Termnated: Cvl cases are deemed related when yes s answered to any of the followng questons: 1. s ths case related to property ncluded n an earler numbered sut pen dn~ or wthn one year prevously termnated acton n ths court? ~0~0 2. Does ths case nvolve the same ssue of factor grow out of the same transacton as a pror sut pendng or wthn one year prevously termnated acton n ths court? 3. Does ths case nvolve the valdty or nfrngement of a patent already n tt or any earler numbered case pendng or wthn one year prevously termnated act:ne~n ~snc 0 ou~ Yes D No 0 CVL: (Place.,/ n ONE CATEGORY ONLY) A. Federal Queston Cases: B. Dversty Jursdcton Cases: 1. D ndemnty Contract, Marne Contract, and All Other Contracts 1. D nsurance Contract and Other Contracts 2. 0 FELA 2. 0Arplane Personal njury 3. D Jones Act-Personal njury 3. D Assault, Defamaton 4. D Anttrust 4. D Marne Personal njury 5. D Patent 5. D Motor Vehcle Personal njury 6. D Labor-Management Relatons 6. D Other Personal njury (Please specfy) 7. 0 Cvl Rghts 7. D Products Lablty B. D Habeas Corpus 8. D Products Lablty - Asbestos 9. D Securtes Act(s) Cases 9. DA other Dversty Cases 10. D Socal Securty Revew Cases 11. (Q All other Federal Queston Cases (Pleases~ 1, Robert P. Cocco, ~RBTRA TON CERTFCATON (Check approprate Category) counsel of rerrd do hereby certfy: D Pursuant to Local Cvl Rule 53.2, Secton 3(c)(2), that to the best of my knowledge and belef, the damages recoverable n ths cvl acton case exceed the sum of $150, exclusve of ~lef other than monetary damages s sought. DATE:_.,,.., ~,,~ dl_t;j~ :t Attorney-at-Law. Attorney. D.# NOTE: A tral de novo wll be a tral by jury only f there has been complance wth F.R.C.P. 38 certfy that, to my knowledge, the wthn case s not rela ~thn one year prevously termnated acton n ths court except as noted above. DATE: 9/rJ-fr? Attorney-at-Law ' Attorney. D.# (. ~ V:

4 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 4 of 22 ~~~o Ml'\'.. 1 C';" '. ll1'. /' 1 ' ~ U~TED STATES DSTRCT COURT EAS,ERN DSTRCT OF PENNSYLVANA EDWARD A. MURRAY, ndvdually and on behalf of all others smlarly stua~ed, NO. 1~ l113 6 Pla~tff, JURY TRAL DEMANDED v. JOHNSON MATTHEY NC. d/b/a JOHNSON MATTHEY TESTN<G; and TRUE SRECEEN, NC. Def ndants. FLED CLASS COMPLANT COMES NOW the Plantff Edward A. Murray ("Plantff' or "Mr. Murray"), on behalf of hmself and all smlarly stuatf d ndvduals, by counsel, as for Class Complant aganst the Defendants, he alleges as follows: PkLMNARY STATEMENT 1. Plantff brngs ndvdual and class clams aganst TRUE SCREEN, NC. ("True Screen") for volaton of hs rghts under the Far Credt Reportng Act ("FCRA"), 15 U.S.C et seq. for furnshng a msleldng and naccurate crmnal background report furnshed to a thrd party. 2. Plantff brngs rldvdual clams aganst JOHNSON MATTHEY NC. d/b/a JOHNSON MATTHEY TESTNP ("JMT") for volaton of hs rghts under the Pennsylvana Crmnal Hstory Record nformaton Act ("CHRA"), 18 Pa. Cons. Stat. Ann

5 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 5 of Many GENERAL ALLEGATONS employers requre job applcants to complete a background check ' successfully pror to extendng anoffer of employment. 4. Companes that provde background check servces collect nformaton concernng members of the publf, such as crmnal hstores, nto reports and offer the reports for sale. ncludng for sale to employers when the employers are conductng background checks on prospectve and current employees. 5. Defendant True Screen provdes such servces. Defendant True Screen offers background reports for sale to employers, such as to Defendant JMT, ncludng background reports contanng crmnal hstores. 6. Because an employer's hrng decson often depends upon the applcant beng ether completely free of crmnal convctons, free of certan types of crmnal convcton, or free of crmnal convctons wth~n a certan perod of tme, t s extremely mportant that the nformaton contaned n crmnal hstory reports s accurate. 7. Unfortunately, for prospectve employees whose prospectve employers engage Defendant True Screen's background reportng servces, the reports (a "Crmnal Convcton Report") are often msleadng and: naccurate. 8. Defendant True Sc~een's msleadng and naccurate Crmnal Convcton Reports result n adverse employment declons aganst qualfed employees. 9. Defendant True Sc~en provded a msleadng and naccurate Crmnal Convcton Report to Defendant JMT n tnat they wllfully reported Mr. Murray's summary offense convcton as an "nfracton" conycton. A "nfracton" dsposton classfcaton does not exst n the Pennsylvana Crmes Code. 2

6 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 6 of Thus, the Defendant True Screen presented Mr. Murray's crmnal hstory nformaton n ts Crmnal Conv ton Report n a manner that msleads and s naccurate, whch consequently njured Mr. Murray. 11. As descrbed n de~al below, Defendant has njured Mr. Murray by provdng hs prospectve employer wth a,sleadng and naccurate Crmnal Convcton Report. The naccurate Crmnal Convcton Report resulted n, among other thngs, Mr. Murray's offer of employment beng rescnded by Defendant JMT. 12. A report that s anythng but blank can severely undermne an ndvdual's employment possbltes for hs qr her entre lfe and can result n collateral consequences that expand an ndvdual's punshment beyond that orgnally contemplated by the crmnal justce system. 13. For that reason, Pennsylvana law, through the Pennsylvana Crmnal Hstory Record nformaton Act ("CHRA"), forbds employers from consderng arrests or charges that dd not result n a convcton wheb. makng hrng decsons, and provdes mportant substantve and procedural protectons to job ~pplcants to enforce that prohbton. 14. CHRA apples to ~11 Pennsylvana employers that decde whether or not to hre an employment applcant based n whole or n part on the bass of the applcant's crmnal hstory record nformaton. 15. CHRA allows Pednsylvana employers to consder only felony and msdemeanor convctons n hrng decsons bj such nformaton "may be consdered by the employer only to the extent to whch they relate tol the applcant's sutablty for employment n the poston for whch he has appled." 18 Pa. c.sj 9125(a)-(b). 3

7 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 7 of CHRA forbds employers from consderng arrests or charges that dd not result n convctons, ncludng wthdrajrn charges, when makng hrng decsons. 17. CHRA forbds ern:ployers from consderng summary convctons, when makng hrng decsons. 18. CHRA requres t1at when an employer denes a job applcaton n whole or n part based on crmnal hstory record nformaton, the employer must notfy the applcant n wrtng of such bass for ts decson, so that an applcant can dentfy any naccurate nformaton. 19. Mr. Murray has experenced the damage to hs reputaton and to hs ablty to earn an ncome that CHRA was desgned to prevent. n July 2017, Defendant JMT refused to hre Mr. Murray based solely or n part on crmnal hstory record nformaton that showed crmnal convctons unrelated to the job for whch he had appled. 20. Defendant True Screen systematcally and wllfully volates the Far Credt Reportng Act, 15 U.S.C. 16,81 et seq. (the "FCRA"), by falng to follow reasqnable procedures to assure maxmum po,ssble accuracy of Mr. Murray's Crmnal Convcton Report. 21. Defendant JMT volated CHRA, 18 Pa. C.S for Defendant JMT's mpermssble use of Mr. M~y's summary and msdemeanor convctons to deny hm employment to whch he was qua\fed and for whch he would have otherwse would have been hred. 22. Thus, Ms. MurraJ brngs the nstant clams, seekng njunctve relef, actual damages, exemplary and puntve bamages, and costs and fees. 4

8 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 8 of 22 PARTES 23. Mr. Murray Murrly s a sxty-year-old Afrcan-Amercan man who resdes n Phladelpha, Phladelpha CountJ, Pennsylvana and s a "consumer" as protected and governed by the FCRA, at 15 U.S.C. 1681a. 24. Defendant JMT s a Pennsylvana corporaton operatng n the Phladelpha area wth a prncpal place of busness located at 435 Devon Park Drve, Wayne, PA At all tmes relevant hereto, t was a "*ser" of the consumer report of Plantff, as governed by the FCRA. 25. Defendant True Screen s a busness entty that provdes background screenng servces, decson-makng ntellgence, publc record reports and operates as a consumer reportng agency. Defendant Truy Screen regularly conducts busness n the Commonwealth of Pennsylvana, and operates a pr;ncpal place of busness at 251 Veterans Way Warmnster, Bucks, PA At all tmes relevant hereto thrd party Defendant True Screen operated as "consumer reportng agences" as ~efned and governed by the FCRA, 15 U.S.C. 168la(f). JURSDCTON AND VENUE 27. Ths Court has Jgnal subject matter jursdcton over Mr. Murray's FCRA clam pursuant to under 15 U.S.C p, 28 U.S.C. 1331, and supplemental jursdcton over hs CHRA clam pursuant to 28 U.S.C Mr. Murray's CH~A clam s so closely related to the FCRA clam that t forms part of the same case or controverjy under Artcle of the Unted States Consttuton. 29. Venue les properlj n ths dstrct pursuant to 28 U.S.C. 1391(b)(2). 5

9 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 9 of Ths Court has p~rsonal jursdcton over the matter because the Defendants conduct substantal busness act 1 vty n ths Dstrct and because many of the unlawful acts descrbed heren occurred n ths Dstrct and gve rse to the clams alleged, ncludng but not lmted to: Mr. Murray's clams Jse drectly out of Defendant True Screen's conduct wthn the 1 Commonwealth of Pennsylvana, ncludng Defendant True Screen's msleadng and naccurate crmnal back report to Mr. Murray's potental employer Defendant JMT. FACTUAL ALLEGATONS 31. Mr. Murray has b~en arrested and charged wth crmes on three occasons. Frst, n May 1982, Mr. Murray was charged wth two msdemeanors. The charges were wthdrawn and dd not result n any convcton. 32. Second, n March 2009, Mr. Murray was charged wth two msdemeanors. On May 2009, the charges were wthdrawn and nstead Mr. Murray pleaded gulty to two summary offenses. 33. Thrd, n 2014, Mr. Murray was charged wth and found gulty of one msdemeanor for drvng under the nfluence. Mr. Murray's Applcaton for Employment wth Defendant JMT 34. n or around Apdl 28, 2017, Mr. Murray appled for an open poston wth Defendant JMT as a mantenanle electrcan by completng a Defendant JMT employment applcaton onlne. 35. As a mantenance ~lectrcan, Mr. Murray would not have to operate a vehcle or any other machnery. 36. Mr. Murray was qlalfed for the poston based on hs work hstory. Mr Murray has worked for over twenty (20) years n the mechancal and electrcal trades as an Electro- 6

10 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 10 of 22 Mechancal Techncan, Operatng Engneer, ndependent Busness Owner, Journeyman Mantenance Mechanc, and Ra~ organzatons ncludng but not lmted to: Vehcle Electroncs Specalst workng for ndustry leadng a. 12/2016 to Present - ndustral Mantenance Mechanc, Pandrol USA, Brdgeport, NJ; b. 11/2015 to 03/ Mantenance Mechanc, FF/Ottens Flavors Mfg. Co., Phladelpha/Folcroft, PA; c. 06/2012 to 04/ ndustral Electrcan V/Facltes Specalst, URS Corporaton, Collegevlle, PA; d. 06/2011 to 12/ Feldl Servce Techncan, Top Tempo Techncal, Phladelpha, PA; e. 02/2010 to 07/ ' Electro-Mechancal Techncan, Pepperdge Farm nc., Downngtown, PA; f. 05/2008 to 12/ Operatng Engneer/Crtcal Data Center, Jones Lang LaSalle, Wlmngton, DE;. g. 08/2003 to 05/ ojer, Murray Electrcal, Phladelpha, PA a Phladelpha based mantenance and repar colpany focusng on electrcal, carpentry, plumbng, heatng and applance repar; h to 09/ Journeyman Mantenance Mechanc, Unted Parcel Servce, Phladelpha, PA; to 07 / J. 03/1996 to 03/ Ral[ Vehcle Electroncs Specalst, S.E.P.T.A., Phladelpha, PA Ele9tro-Mechancal-Techncan/Electrcan, nterstate Brands, nc., Hostess; k. 05/1986 to 02/ Sands Hotel and Casno, Electroncs Slot Techncan; 7

11 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 11 of /1979 to 03/ Unted States Postal Servce, Mal Processng Equpment Mechanc; and m to Arcraft Crash/Fre Rescueman, Unted States Marne Corps (Honorable Dscharge). 37. Shortly thereafter, Mr. Murray vsted Defendant JMT's locaton to attend an ntervew regardng employment. 38. After the aforesad ntervew, on or about May 17, 2017 Defendant JMT made an offer of employment to Mr. Murray contngent upon a drug screen and background check results. 39. n connecton wth Mr. Murray's applcaton, Defendant JMT purchased a ' background screenng report frortl Defendant True Screen. Hence, the report was obtaned and used for an employment purpose. 40. Thereafter, usng ts usual practces and procedures, Defendant True Screen compled and furnshed a consumer background report regardng Mr. Murray to Defendant JMT. On or about June 15, 2017, JMT 1sent Mr. Murray a pre-adverse acton notce letter statng that the background check report rece+ed from Defendant True Screen may affect hs applcaton for employment wth Defendant JMT Attached to the letter was a Consumer report prepared by Defendant True Screen whch nclµded a Crmnal Convcton Report. 41. Mr. Murray, upon revew of the Crmnal Convcton porton of the Consumer Report, noted that t naccurately rbported the dsposton of hs 2009 arrest. 42. Revew of the Crlnal Convcton Report compled and furnshed by Defendant True Screen reveals that True Scr9en reported Mr. Murray's summary offense as an "nfracton." Crmes Code. 43. An "nfracton" dfsposton classfcaton does not exst n the Pennsylvana 8

12 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 12 of On or about June 19, 2017, Mr. Murray dsputed the naccurate crmnal reportng wth Defendant True Screen. 45. On or about June 120, 2017, Defendant True Screen repled to the dspute by statng that the dspute was beng processed by Defendant True Screen. 46. On or about July B, 2017, Defendant True Screen stated that they verfed the naccurate reportng of the 2009 srmmary offenses as "nfractons" n response to Mr. Murray's dspute. 47. On or about July 6, 2017, Defendant JMT sent to Mr. Murray an adverse acton letter rescndng ts pror offer of employment to hm based on the background check report receved from Defendant True Screen. 48. On or about July r 2017, Mr. Murray agan dsputed the naccurate crmnal reportng wth Defendant True Screen. n dong so, Mr. Murray ncluded docket entres from the r Montgomery County Dstrct Cobrt and the contact nformaton for the clerk of sad court to verfy the nformaton provded ncludng but not lmted to wthdrawal of the msdemeanor charges by the county prosecutor. 49. On or about July 7,1.2017, Defendant JMT sent to Mr. Murray an emal and a letter confrmng Defendant JMT' s resesson of ts pror offer of employment to hm based on the background check report receved lfrom Defendant True Screen. 50. On or about July 111, 2017, Defendant True Screen agan verfed the naccurate reportng of the 2009 msdemeanj offenses n response to Mr. Murray's dspute. 51. The Crmnal Con~cton Report that Defendant True Screen compled and furnshed to Defendant JMT ncljded a msdemeanor offense and two "nfractons." 9

13 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 13 of Defendant JMT dened Mr. Murray's applcaton for employment based at least partally upon the naccurately rejorted summary convctons. The Pennsylvana Crmnal Hstbry Record nformaton Act 53. CHRA apples to ~11 Pennsylvana employers that decde whether or not to hre an employment applcant based n whole or n part on the bass of the applcant's crmnal hstory record nformaton. 54. CHRA allows Pe~sylvana employers to consder felony and msdemeanor convctons n hrng decsons bu~ such nformaton "may be consdered by the employer only to the extent to whch they relate to the applcant's sutablty for employment n the poston for whch he has appled." 18 Pa. C.S. 9125(b). 55. CHRA requres that when an employer denes a job applcaton n whole or n part based on crmnal hstory re,cord nformaton, the employer must notfy the applcant n wrtng of such bass for ts ~ecson, so that an applcant can dentfy any naccurate nformaton. CLASS ACTON ALLEGATONS 56. Plantff brngs ths acton ndvdually and as a class acton for Defendant's volaton of the FCRA. Plantfl brngs ths acton, pursuant to Rules 23(a) and 23(b) of the Federal Rules of Cvl Procedure, 0n behalf of the followng Class: All natural persons resdtjg n the Unted States who, wthn two (2) years pror to the flng of the Complant and contnung through the resoluton of ths case, were the subjects of background reports prepared by Defendant True Screen whch dsclosed a Pennsylvana summary offense as an "nfracton." 57. The Class s so nu~erous that jonder of all members s mpractcable. Although the precse number of Class mempers s known only to Defendant True Screen, Plantff avers upon nformaton and belef that f he Class numbers n the hundreds or thousands. Defendant 10

14 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 14 of 22 True Screen sells crmnal hstory record nformaton to thousands of busnesses throughout the country, and ther reports to such busnesses are standardzed, form documents, produced by the same practces and procedutes applcable to all subjects of the reports. Moreover, thousands of people have been charged and/or convcted of summary offenses n Pennsylvana durng the Class perod. 58. There are questons of law and fact common to the Class that predomnate over any questons affectng only ndvdual Class members. The prncpal questons nclude whether Defendant, by employng a po~cy and practce of msdentfyng summary offenses as nfractons, msdemeanors, or m re serous offenses, volated secton 1681 e(b) by falng to follow reasonable procedures t6 assure maxmum possble accuracy of the nformaton concernng the ndvdual about whom the report relates. 59. Plantffs clams are typcal of the clams of the Class, whch all arse from the same operatve facts and are based on the same legal theores. 60. Plantff wll farly and adequately protect the nterests of the Class. Plantff s commtted to vgorously ltgatng ths matter. Plantff has secured counsel experenced n handlng consumer class actons. Nether Plantff nor her counsel has any nterests whch mght cause them not to vgorously purstle ths clam. 61. Ths acton shouldl be mantaned as a class acton because the prosecuton of separate actons by ndvdual m.embers of the Class would create a rsk of nconsstent or varyng adjudcatons wth respej to ndvdual members whch would establsh ncompatble standards of conduct for the partbs opposng the Class, as well as a rsk of adjudcatons wth respect to ndvdual members wh~ch would as a practcal matter be dspostve of the nterests of 11

15 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 15 of 22 other members not partes to the fldjudcatons or substantally mpar or mpede ther ablty to protect ther nterests. 62. A class acton s a superor method for the far and effcent adjudcaton of ths controversy. The nterest of dass members n ndvdually controllng the prosecuton of separate clams aganst Defendant s small. Management of the Class clams s lkely to present sgnfcantly fewer dffcultes th$ those presented n many ndvdual clams. The denttes of the Class members may be obtaned from Defendant's records. CAUSES OF ACTON COUNT Volaton of 15 U.S.C. 1681e(b) (CL~SS CLAM v. Defendant True Screen) 63. Plantff reterates each of the allegatons n the precedng paragraphs as f set forth at length heren. 64. Defendant True Screen has admtted the FCRA apples to the Crmnal Convcton Report t ssued to Plantff because the report ncluded, nter ala, a copy of Plantffs rghts under the FCRA. 65. Defendant True Screen's Crmnal Convcton Reports are "consumer reports" under the FCRA because each Crmnal Convcton Report s a "wrtten... communcaton of... nformaton by a consumer reportng agency bearng on a consumer's... character, general reputaton, personal characterstc~, or mode of lvng whch s used or expected to be used or collected n whole or n part for tje purpose of servng as a factor n establshng the consumer's elgblty for... employment p~ses[.]" d 1681a(d)(1 )(B ). 66. As part of ts setce agreement wth ts customers, Defendant True Screen requres that ts subscrbers contact Defendant True Screen to nvoke specal procedures for : 12

16 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 16 of 22 preparaton and use of a Crmn:rl Convcton Report n the case of suspected msconduct or volaton of state, federal, or local l1aw. procedures. 67. Mr. Murray's Crmnal Convcton Report was not procured usng these specal 68. Mr. Murray's repqrt was not procured n connecton wth any nvestgaton of suspected msconduct relatng to lmployment or to complance wth federal, State, or local laws and regulatons, the rules of a self-regulatory organzaton, or any preexstng wrtten polces of the employer. 69. Under FCRA 1681e(b), Defendant True Screen has a duty to "follow reasonable procedures to assure maxmum pqssble accuracy of the nformaton" n the Crmnal Convcton Reports. d. 1681e(b). 70. Defendant True Sdeen's falure to the Plantff and other members of the putatve class to follow reasonable procedures to assure maxmum possble accuracy of the nformaton n the Crmnal Convcton Reports :Volated 15 U.S.C. 1681e(b) by t knowngly, recklessly, or neglgently reports summary conv~ctons as "nfractons" n the Crmnal Convcton Report. 71. Consumer reports are naccurate for purposes of Secton 1681 e(b) not only when they are facally false, but also wh~n they are techncally accurate yet nonetheless msleadng. 72. The conduct, actort, and nacton of Defendant True Screen was wllful, renderng each lable for statutory and purtve damages n an amount to be determned by the Court pursuant to 15 U.S.C. 1681n. 73. Plantff and other bembers of the putatve class are enttled to recover costs and. attorney's fees as well as approprate equtable relef from Defendant True Screen n an amount to be determned by the Court pursuant to 15 U.S.C. 1681n. 13

17 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 17 of As a result of these FCRA volatons, Defendant s lable to Plantff and to each ' Class Member, for statutory djmages from $ to $1, pursuant to 15 U.S.C. 168ln(a)(l)(A), plus puntve djmages pursuant to 15 U.S.C. 168ln(a)(2), and for attorney's fees and costs pursuant to 1681 n: 75. COUNT Volaton of 15 U.S.C. 168le(b) and 1681 (NDVDUAL CLAM v. Defendant True Screen) Plantff reterates ~ach of the allegatons n the precedng paragraphs as f fully set forth at heren. 76. Defendant True Screen has admtted the FCRA apples to the Crmnal Convcton Report t ssued to Plantff because the report ncluded, nter ala, a copy of Plantffs rghts under the FCRA. 77. Defendant True slreen's Crmnal Convcton Reports are "consumer reports" under the FCRA because each Crmnal Convcton Report s a "wrtten... communcaton of... nformaton by a consumer reportng agency bearng on a consumer's... character, general reputaton, personal characterstc$, or mode of lvng whch s used or expected to be used or collected n whole or n part for tje purpose of servng as a factor n establshng the consumer's elgblty for... employment p~oses[.]" d 168la(d)(l)(B). 78. As part of ts ser~ce agreement wth ts customers, Defendant True Screen requres that ts subscrbers contact Defendant True Screen to nvoke specal procedures for preparaton and use of a Crmnll Convcton Report n the case of suspected msconduct or volaton of state, federal, or local faw. 79. Mr. Murray's Crjnal Convcton Report was not procured usng these specal procedures. 14

18 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 18 of Mr. Murray's report was not procured n connecton wth any nvestgaton of suspected msconduct relatng to ~mployment or to complance wth federal, State, or local laws and regulatons, the rules of a self:-regulatory organzaton, or any preexstng wrtten polces of the employer. 81. Under FCRA 168le(b), Defendant True Screen has a duty to "follow reasonable procedures to assure maxmum possble accuracy of the nformaton" n the Crmnal Convcton Reports. d. 1681e(b). 82. Consumer reports arenaccurate for purposes of 1681e(b) not only when they are facally false, but also when they are techncally accurate yet nonetheless msleadng. 83. Under FCRA 1681(5)(A), Defendant True Screen has a duty to provde after renvestgaton of nformaton dsputed by a consumer that s found to be naccurate or ncomplete or cannot be verfed to promptly delete or modfy that tem of nformaton, as approprate, based on the renvestkaton results and then promptly notfy the furnsher of same. 84. As set forth abov~, Defendant True Screen has lacked, and contnues to lack, reasonable procedures to assure the maxmum possble accuracy of the nformaton concernng the nformaton about whom the teports relate because t knowngly, recklessly, or neglgently. reports summary convctons as "nfractons" n Mr. Murray's Crmnal Convcton Report. 85. Defendant True ScLen's volaton of 1681e(b) and 1681 was wllful n that () t knew, or reasonably should have known, that t was falng to comply wth the FCRA and/or () t was actng n reckless dsregard of ts responsbltes under the FCRA. 86. n the alternatve, Defendant True Screen's volaton of 1681e(b) and 1681 was neglgent n that t had an affrmatve statutory duty to employ reasonable procedures to 15

19 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 19 of 22 ensure maxmum possble accuracy of the nformaton n the consumer reports n queston, but faled to comply wth that statutort duty. 87. f Defendant True screen wllfully volated 1681e(b) and 1681, Plantff s enttled to any actual damages they sustaned or damages of not less than $100 and not more than $1,000; such amount of puntve damages as the court may allow; and the costs of the acton together wth reasonable attorney's fees as determned by the court, as specfed n Secton 1681n(a)(l)(A), (2), and (3). 88. n the alternatve, f Defendant True Screen neglgently volated 1681e(b) and 1681, Plantff s enttled to any actual damages he sustaned, along wth the costs of the acton together wth reasonable attorney's fees as determned by the court, as specfed n 1681o(a)(l), (2). COUNT Volaton of 18 Pa. C.S. 9125(a-b)) (ND,VDUAL CLAM v. Defendant JMT) 89. Plantff reterates bach of the allegatons n the precedng paragraphs as f fully set forth heren. 90. Mr. Murray appled for employment wth Defendant JMT. 91. Mr. Murray was qurlfed for the poston. 92. Defendant JMT wllfully decded not to hre Mr. Murray based on nformaton that was part of hs crmnal hsto~ record nformaton fle provded by Defendant True Screen. 93. CHRA allows ejployers to consder felony and msdemeanor convctons n hrng decsons but such nformaton "may be consdered by the employer only to the extent to whch they relate to the applcantjs sutablty for employment n the poston for whch he has appled." 18 Pa. C.S. 9125(a). 16

20 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 20 of Mr. Murray was never convcted of a msdemeanor or felony offense n 2009 and therefore cannot, n whole or n pdrt, legally form the bass for an employer's decson not to hre hm. 95. Mr. Murray's msdemeanor convctons for drvng under the nfluence dd not relate to hs sutablty for employµent n the mechancal engneer poston at JMT for whch he appled. 96. Wthdrawn charges aganst Mr. Murray were not convctons and cannot, n whole or n part, legally form the bass for an employer's decson not to hre hm. not to hre hm. 97. Summary convctons cannot legally form the bass for an employer's decson 98. The actons of Defendant JMT njured Mr. Murray, ncludng by causmg sgnfcant damages n lost wages and benefts and harm to hs reputaton. 99. Accordngly, Defendant JMT wllfully volated 18 Pa. C.S. 9125(a)-(b) Mr. Murray s enttled to njunctve relef, any actual and real damages not less than $100 for each of these volatpns, exemplary and puntve damages not less than $1,000 and not more than $10,000 for each olhese volatons, reasonable costs of ltgaton and attorneys' fees, as specfed n 18 Pa. C.S. l183. JURY TRAL DEMAND Pursuant to Federal Rule of Cvl Procedure 38(b), Plantff demands tral by jury on all ssues so trable n ths acton. PRAYER FOR RELEF WHEREFORE, Plantffs ~espectfully pray that relef be granted as follows: 17

21 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 21 of 22 a. That judgment be entered aganst Defendant True Screen for statutory damages n the amount of not less than $100 and not more than $1,000 per volaton, pursuant to 15 U.S.C. 1681n(a); b. That judgment be: entered aganst Defendant True Screen for actual damages, pursuant to 15 U.S.C. 1681n at?-d 16810; c. That judgment be 1entered aganst Defendant True Screen for puntve damages pursuant to 15 U.S.C. 168ln(a)(2); 16810; d. Award costs and reasonable attorney's fees pursuant to 15 U.S.C. 1681n and e. Award njunctve relef, pursuant to 18 Pa. C.S. 9183(a), compellng Defendant JMT to dscontnue ther practce~ of volatng 18 Pa. C.S n ther hrng processes and provdng a system to montor cotjplance; f. Award Plantff aqtual and real damages not less than $100 for each of these volatons, pursuant to 18 Pa. C.S (b )(2); g. Award Plantff e~emplary and puntve damages not less than $1,000 and not more than $10,000 for each ofthele volatons, pursuant to 18 Pa. C.S. 9183(b)(2); h. Award Plantff hj reasonable costs of ltgaton and attorneys' fees, pursuant to 18 Pa. C.S. 9183(b)(2); and. That the Court graqt such other and further relef as may be just and proper. Dated: September 15, 201 /~ ROBERT P. COCCO, P.C. By: Robert P. Cocco, Esqure Attorney D No Walnut Street, Sute 900 Phladelpha, PA

22 Case 2:17-cv GEKP Document 1 Fled 09/15/17 Page 22 of 22 Telephone: rcocco@rcn.com WLLG, WLLAMS & DAVDSON Ryan Allen Hancock Attorney D No Walnut Street, 24th Floor Phladelpha, PA Telephone: rhancock@wwdlaw.com Attorneys for Plantff and Proposed Class 19

23 ClassActon.org Ths complant s part of ClassActon.org's searchable class acton lawsut database and can be found n ths post: Johnson Matthey, True Screen Named n FCRA Class Acton