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Consumer Reporting Agency Cannot Snuff Out Adverse Action Claim at Pleadings Stage

Although it is the responsibility of the employer to provide potential candidates with a copy of the report and a summary of rights, the District Court for the District of Delaware reached a conflicting conclusion in the pleadings stage in Doe v. Trinity Logistics. In the case, the plaintiff applying for a job at Trinity Logistics disclosed that her consumer report contained adverse information. When consumer reporting agency Pinkerton Consulting and Investigations failed to provide a copy of the report and a summary of rights before Trinity took adverse action, the plaintiff argued that Pinkerton violated the Fair Credit Reporting Acts (FCRA) obligations. According to the court, the plaintiff adequately pled that Pinkerton and Trinity had shared decision-making responsibility.

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