Written By ESR News Blog Editor Thomas Ahearn
A class action lawsuit filed against Amazon claims the online retailer violated the federal Fair Credit Reporting Act (FCRA) for not warning an applicant about a negative background check report neglecting to give him a chance to fix errors on the report, according to TomClassActions.com.
TopClassActions.com reports that the FCRA lawsuit – the second one filed against Amazon in 2015 – claims plaintiff Theo Feldstein received a job offer at the company that was later withdrawn after erroneous negative information was found in a background check conducted for the hiring process.
Feldstein claims that Amazon violated the FCRA by never giving him an opportunity to correct the errors or provide him with a copy of the background check report or a copy of his rights under the FCRA. After correcting information in the report, he notified Amazon but was told his application already expired.
Under the FCRA, any employer who intends to take an “adverse action” against an applicant based on information in a background check report must provide a “pre-adverse” action notice to the applicant and include a copy of the report and a notice of the consumer’s dispute rights under the FCRA.
TopClassActions.com reports Feldstein seeks to represent a Class of Amazon employees or applicants who underwent a background check and who did not receive a copy or did not receive an email saying the report was confidential within two to five years before the FCRA class action lawsuit was filed.
The lawsuit is Feldstein v. Amazon.com LLC, et al., Case No. 3:15-cv-07322, in U.S. District Court for the District of New Jersey. The complete story is at http://topclassactions.com/lawsuit-settlements/lawsuit-news/186744-amazon-background-check-lawsuit-second-one-year-online-retail-giant/.
As reported earlier this year on the ESR News blog, a similar FCRA class action lawsuit was filed in Tampa, Florida claiming that Amazon violated the FCRA by not giving applicants a chance to explain negative information in their background check reports before declining to hire them for a job.
Employment Screening Resources (ESR) reminds readers that allegations made in FCRA class action lawsuits are not proof that a business violated any law, rule, or regulation. For more blogs about FCRA class action lawsuits, please visit http://www.esrcheck.com/wordpress/tag/class-action-lawsuits/.
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