Background Screening Class Certified in Obsolete Information Case

On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background reports in violation of the FCRA. In certifying the class, the Court found that the alleged harm was sufficient under the U.S. Supreme Court’s ruling in Spokeo. The Court certified the class finding that the lawsuit met the numerosity, commonality, typicality, and adequacy requirements for granting class certification. The Court also ruled that the claim asserted by Plaintiff satisfied the concreteness test for purposes of standing since he was able to demonstrate that S2Verify “sent restricted information about plaintiff into the world and as such caused injury to plaintiff’s privacy interest.”

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