Legislative Alert

OTHER

U.S. DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA: Class alleges employer violated the FCRA for procuring background checks on individuals without providing a stand-alone disclosure

Summary: Lead Plaintiff of this class action alleges that a large mattress manufacturer violated the Fair Credit Reporting Act ("FCRA") by obtaining consumer reports of individuals without providing the proper "stand alone" disclosure. According to the complaint, the Plaintiff claims that the disclosure included "unrelated authorizations, disclosures, and disclaimers." The Plaintiff further claims he was, therefore, "confused by the authorization form due to its inclusion of so much other information."

The Plaintiff asserts claims not only under the FCRA but also the Investigative Consumer Reporting Agencies Act of California ("ICRAA"), the Consumer Credit Reporting Agencies Act of California ("CCRAA"), and the California Unfair Competition Law ("UCL"). The class consists of all persons residing in the United States who were the subject of a consumer report that was procured by Defendant within five years of the filing date.

Impact(s): All employers

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