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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 and job applicants for the past three years. The lawsuit accuses Capital One of violating the Act by burying its background check authorization in a job application including all sorts of extraneous information, and failing to provide copies of the reports when it used them to take adverse employment actions, such as refusing to hire an applicant. Employees and prospective employees may be entitled to statutory damages of between $100 and $1,000 for each violation. Plaintiff’s attorney E. Michelle Drake explains, “Consumer Reports are notoriously inaccurate. The Fair Credit Reporting Act exists in part to ensure employees have a say in who can pull their consumer reports and have an opportunity to contest any inaccuracies that they may contain.”

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