In the News: The uptick in FCRA class actions has many following high-profile cases in the news: the Stanford class action filed in October 2018, the PetCo class settlement in November 2018, the Delta Airlines proposed settlement in January 2019 and the largest FCRA class action in recent news, the Walmart FCRA class action.
In January 2019, Walmart suffered a massive defeat in federal district court in California. The court granted certification to a class that could potentially include as many as five million eligible class members.
Plaintiffs in the case citing FCRA violations by the massive discount box store filed a class action. Plaintiffs claimed that that Walmart’s background checks did not satisfy the notice requirements put in place by the Fair Credit Reporting Act (FCRA) as well as state law. According to the plaintiffs in the case, they applied for employment at Walmart. During the course of their application process, Walmart performed a background check. When doing so, they did not provide applicants with the legally required legal authorization or the requisite disclosures. To be specific, Walmart allegedly included additional, extraneous info on the same document serving as the disclosure notice and obtained consumer reports on the applicants without informing them of their rights as applicants whose reports were being accessed as a condition of the application process.
The recently certified class is defined to include any current, former or prospective applicants for employment in the United States who submitted an application for a job and had a background report pulled in the last five years prior to the filing of the lawsuit.
If you need more information about FCRA violations or motions for class certification, please get in touch with one of the experienced consumer law attorneys at Aronow Law PC.