Class Action Lawsuit Over Background Checks

Written By Thomas Ahearn

homepage-legalA former independent contractor fired for failing a background check has filed a class action lawsuit in New Jersey federal court against UBS Financial Services Inc. for alleged systematic violations of the federal Fair Credit Reporting Act (FCRA) by failing to provide copies of background checks and including illegal language in consent forms. The class action lawsuit PLASTERS v. UBS FINANCIAL SERVICES, INC. is available at http://ia700702.us.archive.org/33/items/gov.uscourts.njd.301246/gov.uscourts.njd.301246.1.0.pdf.

The class action lawsuit alleges that UBS systematically violates at least two sections of the FCRA, 15 U.S.C. §§ 1681 et seq.  USB allegedly violates section 1681b(b)(2) of the FCRA “by procuring consumer reports about current or prospective employees and deceptively embedding improper release language, as well as other extraneous language, in the consumer consent and disclosure document that UBS requires prospective and current employees to sign prior to ordering a background check.”

The class action lawsuit also alleges UBS systematically violates section 1681b(b)(3) of the FCRA “by using employment background checks to make adverse employment decisions without providing the consumer job applicants who are the subjects of the background checks a copy of the report used, along with a summary of his or her rights under the FCRA, and a sufficient amount of time to contest and/or correct any errors in the reports before the adverse action is taken.”

A class action lawsuit for allegedly failing to perform an FCRA-compliant background check is becoming more prevalent, according to Attorney Lester Rosen, CEO of Employment Screening Resources® (ESR). Rosen selected this trend as one of the ESR Top Ten Background Check Trends for 2014 available at http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. To learn more about ESR, visit http://www.esrcheck.com, call toll free 888.999.4474, or email sales@esrcheck.com.

Related ESR News blogs at: http://www.esrcheck.com/wordpress/tag/class-action-lawsuits/.

About Employment Screening Resources® (ESR):

Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– is a nationwide provider of background checks accredited by The National Association of Professional Background Screeners (NAPBS®). ESR Founder and CEO Attorney Lester Rosen wrote the book on background checks with “The Safe Hiring Manual” and is a frequent speaker for “ESR Speaks.” To learn more about ESR, visit http://www.esrcheck.com, call Toll Free 888.999.4474, or email sales@esrcheck.com.

About ESR News: 

The ESR News Blog provides employment screening background check information for employers, recruiters, and jobseekers. For more information about ESR News, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com.