Sample Federal Court Verdict Form, Fair Credit Reporting Act

10 Mar 2015

Sample Federal Court Verdict Form, Fair Credit Reporting Act

PLAINTIFF’S PROPOSED SPECIAL

JURY INTERROGATORIES/JURY VERDICT FORM

 

PART A.        FCRA CLAIMS

 

(1)(a)   In preparing the background report about Richard Alexander Williams (“Richard Williams”) for Rent-A-Center dated February 28, 2012, did First Advantage LNS Screening Solutions, Inc. (“First Advantage”) negligently fail to follow reasonable procedures to assure maximum possible accuracy of the information concerning Richard Williams contained in the report?

 

Yes ________             or         No ________

 

If your answer to the preceding question is yes, answer the next question.  If your answer is no, continue to question (1)(b)

 

Was First Advantage’s conduct as it relates to the above also willful?

 

Yes ________             or         No ________

 

Please continue to (1)(b)

 

(1)(b) In preparing the background report about Richard Williams for Winn-Dixie dated April 25, 2013, did First Advantage negligently fail to follow reasonable procedures to assure maximum possible accuracy of the information concerning Richard Williams contained in the report?

Yes ________             or         No ________

 

If your answer to the preceding question is yes, answer the next question.  If your answer is no, continue to question 2

 

Was First Advantage’s conduct as it relates to the above also willful?

 

Yes ________             or         No ________

 

Please continue to question 2

 

(2)       Did First Advantage negligently reinsert information it previously deleted pursuant to a dispute of that information made by Richard Williams in the file for Richard Williams and, if so, did it fail to comply with the requirements of the FCRA for certification of such information by a furnisher of the information and did it also fail to comply with the provisions requiring notice to Richard Williams of the reinsertion of such information?

 

Yes ________             or         No ________

 

If your answer to the preceding question is yes, answer the next question.  If your answer is no, continue to question 3

 

Was First Advantage’s conduct as it relates to the above also willful?

 

Yes ________             or         No ________

 

Please continue to question 3

 

(3)       Did First Advantage negligently use a background report about Richard Williams for employment purposes and, if so, did it take any adverse action within the meaning of the FCRA based in whole or in part on such a report and, if so, did it fail to provide Richard Williams with a copy of the report on which its adverse action was based and a description in writing of the rights of a consumer under the FCRA at least five (5) days before it took such adverse action?

 

Yes ________             or         No ________

 

If your answer to the preceding question is yes, answer the next question.  If your answer is no, continue to question 4

 

Was First Advantage’s conduct as it relates to the above also willful?

 

Yes ________             or         No ________

 

Please continue to question 4

 

 (4)      Did First Advantage negligently report public record information that was likely to have an adverse effect upon Richard Williams’ ability to obtain employment in a background report and, if so, did First Advantage fail to provide Richard Williams with notice that it was reporting such public record information at the same time it reported such information and, if so, did First Advantage fail to maintain strict procedures designed to insure that, whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported, it is complete and up to date?

Yes ________             or         No

 

If your answer to the preceding question is yes, answer the next question.

 

Was First Advantage’s conduct as it relates to the above also willful?

 

Yes ________             or         No ________

 

 

(IF YOU HAVE ANSWERED “NO” TO ALL OF THE ABOVE QUESTIONS, UNDER PART A ABOVE (1(a), 1(b), 2, 3, and 4), YOUR DELIBERATIONS ARE CONCLUDED.  PLEASE TELL THE CLERK THAT YOU ARE DONE.

 

IF YOU HAVE ANSWERED “YES” TO ANY QUESTION UNDER PART A ABOVE (1(a), 1(b), 2, 3, and 4), PLEASE COMPLETE PART B, BELOW)

 

PART B.        DAMAGES

 

(5)       Did you also find that First Advantage’s conduct was a substantial factor in causing actual damages to Richard Williams?

 

Yes ________             or         No ________

 

If you answered no to question 5, please continue to question 6.  If you answered yes to question 5, above, you must fill in the lines below for all damages as supported by the evidence:

 

(a)     We assess damages for Richard Williams’ lost wages and benefits  in the amount of:

 

$ ___________________________ (Fill in amount).

 

(b)     We assess damages for Richard Williams’ emotional distress, humiliation, embarrassment and/or mental anguish in the amount of:

 

$ ___________________________ (Fill in amount).

 

(f)     We assess damages for harm to Richard Williams’ name and reputation in the amount of:

 

$ ___________________________ (Fill in amount).

 

 

(6)       If you answered “Yes” to Questions 1(a), 1(b), 2, 3 or 4 above, and you also answered yes to any of the questions that followed Questions 1(a), 1(b), 2, 3 or 4 above that asked if First Advantage’s conduct was willful, you must additionally determine what amount of punitive and statutory damages are appropriate under the facts of this case, as supported by the evidence. (You must make this determination regardless of whether you found that First Advantage’s conduct caused any actual damages to Richard Williams):

 

(a)     We assess punitive damages of $ ___________________ (Fill in amount).

 

(b)     We assess statutory damages of $___________

(You must fill in an amount between $100 and $1,000).

 

THE FOREPERSON SHOULD SIGN AND DATE THIS VERDICT.  YOUR DELIBERATIONS ARE CONCLUDED.  PLEASE TELL THE CLERK THAT YOU ARE DONE.

 

Dated:____________________________

 

X_______________________________

Foreperson

Summary
Sample Federal Court Verdict Form, Fair Credit Reporting Act
Article Name
Sample Federal Court Verdict Form, Fair Credit Reporting Act
Description
This is a proposed verdict form for a trial planned in Federal Court.
Author
About the Author:

Massey & Duffy has existed since October, 2003. We focus exclusively on civil litigation, including wrongful death, overtime cases, car and trucking accidents, insurance claims, breach of contract, general employment law, and serious personal injury lawsuits.