IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

OCIE BANKS, ROBERT WILK, and JETTIE ) 

BIGGS, individually and on behalf of all ) 

others similarly situated, ) 

 ) 

 Plaintiffs, ) 

 ) 

 ) 

 v. ) 

 ) CLASS ACTION COMPLAINT 

GCA SERVICES GROUP, INC, ) 

 ) 

 ) 

 Defendant. ) 

 

CLASS ACTION COMPLAINT 

Plaintiff, Ocie Banks, Robert Wilk, and Jettie Biggs, on behalf of themselves and all 

others similarly situated, complain against GCA Incorporated as follows: 

Introduction 

 1. Under the Fair Credit Reporting Act (“FCRA”), a criminal background or motor 

vehicle record report that is obtained from a consumer reporting agency for employment 

purposes is a consumer report. 15 U.S.C. § 1681a(d); FTC Informal Opinion Letter from 

Haynes to Lewis (June 11, 1998). Ocie Banks (“Banks”), Robert Wilk (“Wilk”), and Jettie 

Biggs (“Biggs”) bring this class action for monetary damages and other relief on behalf of all 

persons whose rights under the FCRA, 15 U.S.C. § 1681b(b)(3), were violated by Defendant, 

GCA Services Group, Inc. (“GCA”), on or after May 15, 2010. GCA took adverse action 

against Banks, Wilk, and Biggs based on consumer reports procured for employment purposes 

without first providing Banks, Wilk, and Biggs: (a) a pre-adverse action disclosure that included 

a copy of their consumer report, (b) a description in writing of Banks’s, Wilk’s, and Biggs’s 

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rights under the FCRA; and (c) a pre-adverse action opportunity to dispute the accuracy of the 

reported information. 

Parties 

2. Banks, Wilk, and Biggs are residents of the Northern District of Illinois and Cook 

County. They are consumers as that term is defined by FCRA. 15 U.S.C. § 1681a(c). 

3. Defendant GCA, a Delaware corporation headquartered in Ohio, provides facility 

services including janitorial, driving, and maintenance services to corporate clients throughout 

the United States. At all relevant times, GCA has been a “person” within the meaning of the Fair 

Credit Reporting Act. 15 U.S.C. § 1681a(b). 

Jurisdiction and Venue 

4. The Court has jurisdiction of this matter under 28 U.S.C. § 1331 and 15 U.S.C. § 

1681p. 

5. Venue is proper in the Northern District of Illinois under 28 U.S.C. § 1391(b) 

because a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in 

this judicial district. 

Factual Allegations 

6. In June 2010, Banks applied for employment with GCA. 

7. In June 2010, GCA procured a consumer report about Banks from a consumer 

reporting agency named Liberty Screening Services, Inc. (“Liberty”) to evaluate whether 

Banks’s criminal record or driving record prevented him from working for GCA. 

8. The Liberty consumer report revealed criminal record information about Banks. 

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9. Shortly after GCA reviewed Banks’s consumer report, it rejected Banks’s 

employment application based in whole or in part on the consumer report that it procured from 

Liberty. 

10. Before GCA took adverse action against Banks, it did not provide him a copy of 

the Liberty consumer report, a description in writing of his rights under the FCRA, or an 

opportunity to dispute the accuracy of the information contained in the Liberty consumer report. 

11. By taking adverse action against Banks based on a consumer report without first 

providing him a copy of his consumer report, a description in writing of his rights under the 

FCRA, or an opportunity to dispute the accuracy of the information contained in the consumer 

report, GCA acted in reckless disregard of Banks’s FCRA rights. 

12. In February 2011, Wilk applied for employment with GCA. 

13. In February 2011, GCA procured a consumer report about Wilk from Liberty to 

evaluate whether Wilk’s criminal record or driving record prevented him from working for GCA. 

The Liberty consumer report revealed criminal record and driving record information about 

Wilk. 

14. Shortly after GCA reviewed Wilk’s consumer report, it rejected Wilk’s 

employment application based in whole or in part on the consumer report that it procured from 

Liberty. 

15. Before GCA took adverse action against Wilk, it did not provide him a copy of 

the Liberty consumer report, a description in writing of his rights under the FCRA, or an 

opportunity to dispute the accuracy of the information contained in the Liberty consumer report. 

16. By taking adverse action against Wilk based on a consumer report without first 

providing him a copy of his consumer report, a description in writing of his rights under the 

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FCRA, or an opportunity to dispute the accuracy of the information contained in the consumer 

report, GCA acted in reckless disregard of Wilk’s FCRA rights. 

17. In June 2010, Biggs applied for employment with GCA. 

18. In June 2010, GCA procured a consumer report about Biggs from Liberty to 

evaluate whether Biggs’s criminal record or driving record prevented him from working for 

GCA. The Liberty consumer report revealed criminal record information about Biggs. 

19. Shortly after GCA reviewed Biggs’s consumer report, it rejected Biggs’s 

employment application based in whole or in part on the consumer report that it procured from 

Liberty. 

20. Before GCA took adverse action against Biggs, it did not provide him a copy of 

the Liberty consumer report, a description in writing of his rights under the FCRA, or an 

opportunity to dispute the accuracy of the information contained in the Liberty consumer report. 

21. By taking adverse action against Biggs based on a consumer report without first 

providing him a copy of his consumer report, a description in writing of his rights under the 

FCRA, or an opportunity to dispute the accuracy of the information contained in the consumer 

report, GCA acted in reckless disregard of Biggs’s FCRA rights 

22. During relevant times, GCA had a practice or policy of taking adverse action 

against job applicants based in whole or in part on consumer reports without first providing those 

job applicants a copy of their report and a description in writing of their rights under the FCRA. 

23. Before GCA procured consumer reports about Banks, Wilk, and Biggs, it certified 

to Liberty that it would provide Banks, Wilk, and Biggs a copy of their consumer reports if GCA 

used the reports to take adverse action against Banks, Wilk, and Biggs. 

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Fair Credit Reporting Act Requirements

24. Under the FCRA, before a company takes adverse action against a consumer 

based on information contained in a consumer report obtained for employment purposes, the 

company must first provide the consumer: (a) a pre-adverse action disclosure that includes a 

copy of the individual’s consumer report; (b) a description in writing of the individual’s rights 

under the FCRA; and (c) a pre-adverse action opportunity to dispute the accuracy of the reported 

information. 15 U.S.C. § 1681b(b)(3). 

25. Under the FCRA, a criminal background check report that is obtained for 

employment purposes is considered a consumer report. See 15 U.S.C. § 1681a(d). An “adverse 

action” includes “a denial of employment or any other decision for employment purposes that 

adversely affects any current or prospective employee.” 15 U.S.C. § 1681a(k).

26. On information and belief, GCA has a policy and practice of requesting that 

Liberty provide it with consumer reports for employment purposes and of taking adverse 

employment action based on information contained in those consumer reports without first 

providing consumers: (a) a pre-adverse action disclosure that includes a copy of the individual’s 

consumer report; (b) a description in writing of the individual’s rights under the FCRA; and (c) a 

pre-adverse action opportunity to dispute the accuracy of the reported information.

Class Action Allegations

27. Banks, Wilk, and Biggs bring this lawsuit pursuant to Federal Rule of Civil 

Procedure 23, on behalf of themselves and all other individuals who, on or after May 15, 2010, 

suffered adverse action based in whole or in part on information contained in consumer reports 

that GCA obtained for employment purposes.

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28. The class defined above satisfies the numerosity, commonality, typicality, 

adequacy, predominance, and superiority requirements of Rule 23. The class is so numerous and 

geographically dispersed that joinder of all members is impracticable, and the disposition of their 

claims in a class action will provide substantial benefits to both the parties and the Court.

29. Common questions of law and fact predominate over individual issues affecting 

only individual class members. The common questions of law and fact include, among others, 

the following:

a. whether GCA failed to provide class members with a pre-adverse action 

disclosure containing a copy of the employee’s consumer report that GCA 

obtained from the consumer reporting agency and a description in writing 

of the employee’s rights under the FCRA; 

b. whether GCA failed to provide class members with a pre-adverse action 

opportunity to dispute the accuracy of the reported information; 

c. whether GCA’s actions as described above constitute violations of the 

FCRA; 

d. whether GCA’s actions were willful; and 

e. whether GCA engaged in a policy or practice of taking adverse action 

against consumers based on consumer reports without first providing class 

members with a pre-adverse action disclosure containing a copy of the 

consumer report and a description in writing of the consumer’s rights 

under the FCRA. 

30. Banks, Wilk, and Biggs will fairly and adequately protect the interests of all class 

members. Banks, Wilk, and Biggs are members of the class, and their claims are typical of the 

claims of all class members. Banks, Wilk, and Biggs’s interests in obtaining monetary relief for 

GCA’s violations of the class members’ rights are consistent with and are not antagonistic to 

those of any person within the class. Banks, Wilk, and Biggs have retained counsel competent 

and experienced in complex and class action litigation, including FCRA class action litigation. 

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31. A class action is superior to other available methods for the fair and efficient 

adjudication of this controversy because it will: 

a. avoid the heavy burden of multiple, duplicative suits; 

b. avoid the virtually impossible task of getting all class members to 

intervene as party-plaintiffs in this action; 

c. allow the Court, upon adjudication of defendant’s liability, to determine 

the claims of all class members; and 

d. allow the Court to enter appropriate final monetary relief with respect to 

the class as a whole. 

Count One – GCA’s FCRA violations 

32. Plaintiffs reallege and incorporate by reference paragraphs 1-31 of this Complaint 

as if fully set forth herein. 

33. GCA willfully failed to provide Banks, Wilk, and Biggs, and members of the 

plaintiff class, as required by 15 U.S.C. § 1681b(b)(3), (a) a pre-adverse action disclosure 

containing a copy of the their consumer report; (b) a description in writing of their rights under 

the FCRA; and (c) a pre-adverse action opportunity to dispute the accuracy of the reported 

information. 

34. GCA’s willful violations of 15 U.S.C. § 1681b(b)(3) have caused damages to 

Banks, Wilk, and Biggs, and members of the plaintiff class for which damages GCA is liable 

under 15 U.S.C. § 1681n. 

Prayer for Relief 

 WHEREFORE, Plaintiffs respectfully request, on behalf of themselves and the class they 

seek to represent, that this Court: 

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A. Certify this action as a class action, pursuant to Fed. R. Civ. P. 23(b)(3), on behalf 

of the proposed plaintiff class and designate Banks, Wilk, and Biggs 

representatives of the class and their counsel of record as class counsel; 

B. Award statutory and punitive damages against Defendant to Plaintiffs and 

members of the plaintiff class, as provided in 15 U.S.C. § 1681n, for Defendant’s 

failure to provide them a copy of their consumer report before taking adverse 

action against them based in whole or in part on consumer reports. 

C. Award statutory and punitive damages against Defendant to Plaintiffs and 

members of the plaintiff class, as provided in 15 U.S.C. § 1681n, for Defendant’s 

failure to provide them a summary of their FCRA rights before taking adverse 

action against them based in whole or in part on consumer reports. 

 D. Award Plaintiffs and members of the plaintiff class their attorneys’ fees pursuant 

to 15 U.S.C. § 1681n; 

 E. Award Plaintiffs and members of the plaintiff class their costs pursuant to 28 

U.S.C. § 1920; and 

 F. Grant all such additional relief as the Court deems appropriate. 

Jury Demand 

 Plaintiffs demand trial by jury on all issues as to which a jury trial is available. 

 

 Respectfully submitted, 

 s/ Christopher J. Wilmes 

 One of the Attorneys for Plaintiffs 

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Matthew J. Piers (IL Bar # 2206161)

Christopher J. Wilmes (IL Bar # 6287688)

HUGHES SOCOL PIERS RESNICK & DYM, LTD. 

Three First National Plaza 

70 West Madison Street, Suite 4000 

Chicago, Illinois 60602 

(312) 580-0100 

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