You qualify if you had a California employment check from Accurate Background between March 10, 2019 and June 19, 2023 with matching parole timing. If your check falls outside those dates or parole facts, you do not fit this class. Accurate Background provides employment background checks for hiring decisions.
The case called R. Kemp v. Accurate Background centers on how California seven-year conviction reporting was calculated for people who left incarceration for parole.
Official resources:
- Check eligibility on Consumerfinance’s official study page — Use this page to check the study’s participation requirements.
- Check eligibility on Consumerattorneys’s official study page — Use this page to check the study’s participation requirements.
Table of Contents
- What the prison-record claim challenged
- Do your dates and parole timing fit?
- What about expunged or sealed records?
- Did you need to file a claim?
- What should you do about a current error?
What the prison-record claim challenged
The lawsuit alleged Accurate counted the seven-year period from the end of parole. The Settlement Administrator says the correct start should have been release from incarceration to parole, according to the Settlement Administrator update.
Consumer Attorneys PLLC describes Accurate Background LLC as an Irvine nationwide screener treated as a consumer reporting agency under the federal Fair Credit Reporting Act. Accurate denies the Kemp allegations in that same update, so class membership alone does not prove a personal violation.
Do your dates and parole timing fit?
Both the date window and the parole sequence must match. The class covers California employment reports from March 10, 2019 to June 19, 2023 where incarceration release for parole was more than seven years before the report.
Check all three points together: For example, release to parole eight years before the report with parole ending six years before fits the pattern. Release to parole five years before the report does not fit, even if parole ended later.
- California employment background check by Accurate Background in that date window
- left incarceration for parole over seven years before the report date
- finished that parole within seven years before the report date
What about expunged or sealed records?
A different federal case raised a different error. MyJobAlly reports that Stewart v.
Accurate Background alleged failure to assure maximum possible accuracy by reporting records after expungement, sealing, or removal from public record, according to its October 2026 case summary. That case settled for $487,000. It does not use the same California parole-timing test as Kemp, so Stewart facts do not make you a Kemp class member.
Did you need to file a claim?
No claim form was required for Kemp class members. The court granted final approval, and the administrator said members needed to do nothing to receive a mailed check on or about March 31, 2025, according to the later Settlement Administrator update. The opt-out deadline already passed.
Opt-out requests had to be postmarked by Oct. 29, 2024. If you did not opt out and fit the class definition, the process was automatic payment by mail.
What should you do about a current error?
Get a copy of your own report first. Then use the employer pre-adverse-action notice to dispute an entry you believe is wrong or outdated.
The Consumer Financial Protection Bureau explains that screening companies generally must investigate disputes within about 30 days, according to its guidance on screening-report disputes. Keep a copy of your report, notice, dispute letter, and mailing proof together.