Showing Posts In "FCRA Class Action Lawsuits" Category





Class Action Against LexisNexis Survives

A federal judge rules LexisNexis cannot dismiss claims that its background-check service violates the Fair Credit Reporting Act (FCRA). LexisNexis Risk & Information Analytics Group offers a service called Esteem that conducts background checks and informs employers when job applicants have a history of theft or fraud. They also send letters, known as “pre-adverse action […]


Is FCRA’s Prohibition on CRAs from Disclosing Truthful Public Information Constitutional? The Government to Defend its Position

The Southern District of California has granted the United States’ motion to intervene in Dowell v. General Information Services, Inc. (GIS), to defend the constitutionality of 15 U.S.C. § 1681c, a provision of the FCRA. GIS contends that subsections (a)(2) and (a)(5) of the provision, which generally prohibit CRAs from disclosing public information regarding an […]


Fair Credit Reporting Act Lawsuit Filed Against Capital One

On December 6, 2011, Nichols Kaster, PLLP, filed a lawsuit on behalf of Plaintiff Kevin Smith in the United States District Court for the District of Maryland, alleging Capital One illegally obtains background checks in violation of the Fair Credit Reporting Act (“the Act”). Plaintiff seeks to represent a class of all Capital One employees […]


Whole Foods Sued Over Worker Background-Check Procedure

Whole Foods Market California Inc. was slapped with a proposed nationwide class action accusing the company of using a legally invalid form to get job applicants to consent to background checks as part of the hiring process. The complaint claims that the form Whole Foods uses as part of its online application to get permission […]


Publix to Pay $6.8 Million in Class Action Settlement

Publix Super Markets Inc. is scheduled to pay nearly $6.8 million in a class-action lawsuit settlement over background checks. The lawsuit, being handled in Tennessee federal court, alleges that Publix violated the Fair Credit Reporting Act (FCRA) by not making legally required disclosures about background checks to job applicants. Publix has denied any wrongdoing and […]


Class Action Lawsuit Challenges Legality of Retail Theft Databases in California for Background Checks

Les Rosen The use of a “Retail Theft Contributory Database” in California is being challenged in a class action lawsuit filed in federal Court in San Francisco on January 31, 2013. The lawsuit alleges that this type of database violates both federal and state laws by providing information to retailers about detentions for suspicion of […]


Dollar General Coughs Up $4M to End Background Check Suit

Discount retail chain Dollar General has agreed to pay $4 million to settle a proposed class action claiming it didn’t properly notify more than 200,000 job applicants they would be screened by background checks, a Virginia federal court filing revealed Wednesday. Read more (registration required)


Don’t Pay the Price of Keeping Your FCRA Disclosures Hidden in the Closet

On December 2, 2013, the U.S. District Court for the Western District of Pennsylvania opined on when employers’ deficient disclosures can make them liable under the Fair Credit Reporting Act (“FCRA”) in Reardon v. ClosetMaid Corporation, No. 2:08-CV-01730, 2013 U.S. Dist. LEXIS 169821 (W.D. Pa. Dec. 2, 2013). In this FCRA class action, Plaintiffs, a […]


AutoZone Hit With Background Screening Class Action

AutoZone is the latest company to have a FCRA class action lawsuit filed against it. The company was hit with a suit for alleged violations of state and federal law in its background screening process. The case, Aceves et al. v. AutoZone Inc, filed on September 30, 2014 in the Central District of California, claims […]


Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers Under the Fair Credit Reporting Act

The provisions of FCRA apply to any business entity that seeks to use a “consumer report” – which broadly includes anything from a credit report to a criminal or even motor vehicle background check – for any “employment purposes.” The consequences of a FCRA violation can be substantial; the statute provides for a civil private […]




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