This is a consumer class action based upon Defendant UBS Financial Services, Inc.’s (UBS) violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (FCRA). UBS systematically violates at least two sections of the FCRA: section 1681b(b)(2), by procuring consumer reports about current or prospective employees and deceptively embedding improper release language, as well as other extraneous language, in the consumer consent and disclosure document that UBS requires prospective and current employees to sign prior to ordering a background check; and, section 1681b(b)(3), by using employment background checks to make adverse employment decisions without providing the consumer job applicants who are the subjects of the background checks a copy of the report used, along with a summary of his or her rights under the FCRA, and a sufficient amount of time to contest and/or correct any errors in the reports before the adverse action is taken. The Plaintiff in this case seeks relief against the Defendant including: That judgment be entered against the Defendant for statutory damages in the amount of not less than $100 and not more than $1,000 per violation per Class member; That judgment be entered against the Defendant for punitive damages, etc.
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