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Judge Tosses Target Employment Background Check Class Action

A Target employment background check class action lawsuit was dismissed by a federal judge in Minnesota who ruled that Target did not willfully violate the law. Lead plaintiff Thomas Just alleged in his class action lawsuit filed in November of last year that Target violated the FCRA when it included information outside of the FCRA requirements. The plaintiff claimed that Target declined to hire him after running a background check and finding several criminal convictions. Target asked the federal court to dismiss the class action lawsuit in December of 2015 because it said that its notice and authorization did not include language that would distract or confuse job applicants. U.S. District Judge Donovan W. Frank dismissed the case with prejudice, noting a lack of guidance from the Federal Trade Commission and higher courts about the issue. “Even if the court assumes, for the sake of argument, that Target violated the FCRA, it cannot conclude that [the plaintiff] plausibly alleges that such violation was willful,” said the judge in his order.
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