The plaintiff in Peeples v. National Data Research, Inc. (NDR) applied to a pre-med program and was required to complete a background check from NDR as part of the application process. The plaintiff sued NDR when it failed to remove an expunged conviction from the report. The judge recommended granting summary judgment in the Fair Credit Reporting Act (FCRA) case in favor of a background reporting company on the grounds that a report given only to the consumer is not a consumer report and the inclusion of the record did not violate the FCRA as long as its expungement is also included.
