Written By ESR News Blog Editor Thomas Ahearn
A class action lawsuit filed against Pizza Hut alleges that the company violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and conspicuous disclosure” about a background check for employment purposes be made in writing “in a document that consists solely of the disclosure.” The copy of this class action lawsuit is available at http://www.esrcheck.com/file/AlbertoRivera_PizzaHut.pdf.
In a complaint filed January 15, 2015 in the Southern District of New York the Plaintiff – Alberto Rivera, a job applicant at a Bronx, NY location – claims Pizza Hut inserted a release of liability into the disclosure form in violation of the sole document requirement. The class action lawsuit alleges other problems including the disclosure appearing in a one-inch text block at the bottom of a page.
The class action lawsuit seeks statutory damages of $100 to $1,000 per violation. The Class is identified as people who applied for employment at Pizza Hut’s 6,000 restaurants in the United States on or after January 13, 2013. The class action lawsuit is Alberto Rivera v. Pizza Hut of America, Case No. 15CV00308, U.S. District Court for the Southern District of New York.
FCRA Class Action Lawsuits a Growing Trend
Class action lawsuits for alleged FCRA violations will increase in 2015 – even if no one is actually harmed – and this trend is one of the ‘ESR Top Ten Background Check Trends for 2015’ selected by Employment Screening Resources (ESR) Founder and CEO Attorney Lester Rosen. For a complete list of top ten background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends.