According to the plaintiff, Dollar Tree’s disclosure forms were not presented clearly and conspicuously on a document that consisted solely of the disclosure that a consumer report would be obtained for employment purposes. Additionally, the notices that were provided included liability waivers.
Dollar Tree’s failure to adequately inform prospective employees of its intention to procure consumer reports for employment purposes “flies in the face of unambiguous case law and regulatory guidance from the FTC,” according to the complaint
Thousands of current and prospective Dollar Tree employees from the past five years could potentially be represented under the class action. The suit seeks both statutory and punitive damages for violations of the FCRA.
Dollar Tree is just the latest in a long line of retailers to be hit with a nationwide class action over their background check processes, and more specifically, their disclosure and authorization forms. In the past months, similar suits have been brought against arts and crafts retailer Michael’s and the supermarket chain Whole Foods.
Source: Law360.com, 5/18/2015
Posted: June 2, 2015