Sampson and Page Obtain Dismissal of FLSA Suit Against Auto Club Services

The U.S. District Court for the District of Minnesota dismissed with prejudice a complaint alleging fraud and Fair Labor Standards Act (FLSA) claims against Auto Club Services, Inc. The plaintiff claimed Auto Club failed to disclose customer credit score requirements that affected her ability to sell policies and meet sales projections; she also claimed Auto Club failed to pay her overtime. The U.S. District Court for the District of Minnesota ruled in our client’s favor on all issues, holding plaintiff failed to plead any of the fraud claims with particularity and that, because she was an independent contractor, the FLSA claims also failed as a matter of law. Smith v. Auto Club Services, Inc. No.17-1949 (D. Minn. 2017). 

Partners Bill Sampson and Kristen Page, together with associates Mike Barnett and Jen Varon and paralegal Michelle McNeely-Liggins, represented Auto Club. Page led the briefing; Sampson argued the case in Minneapolis.