Plaintiff Tabitha Parker filed suit in the Middle District of Florida, claiming that Stellar did not alert her in a stand-alone disclosure when the company conducted her background check as part of her application process. Additionally, the suit alleges that violations were also committed when the company failed to supply the plaintiff with a copy of her report before making a decision about her employment with the company.
According to the suit, Parker was offered a position contingent on passing a background check. Parker claimed that the paperwork she completed included a disclosure authorizing Stellar to pull a consumer report but not in a stand-alone format, as required by the FCRA. A few weeks later, the plaintiff received an email from the company stating that her job offer was on hold as a result of the contents included in her returned background check report. The suit claims that while the plaintiff was informed of her right to dispute the accuracy of the information returned in the report by contacting the consumer reporting agency, the email did not include the report itself.
The suit further alleges that Stellar directed Parker to contact Freeh Group International Solutions, LLC (a risk management firm) who informed Parker she had no right to dispute the report. Upon explaining the response, Stellar informed Parker that she would need to contact TransUnion for a copy of the report. Parker claims she was stymied in her efforts to dispute the reported information and ultimately had her job offer revoked.
Parker is seeking to represent a nationwide class of Stellar job applicants in conjunction with statutory and punitive damages.
To mitigate the risk of operating out of compliance with FCRA stipulations, employers are encouraged to periodically review hiring protocols and processes.
Posted: February 11, 2020