Written By ESR News Blog Editor Thomas Ahearn
A complaint filed by a Chicago, Illinois man in Cook County Circuit Court claims that Sprint Corp. allegedly violated the federal Fair Credit Reporting Act (FCRA) by using non-compliant disclosure forms before checking the credit of job applicants, according to a report on the Cook County Record website.
Roberto Rodriguez Jr. filed a complaint on October 20, 2015, that named Sprint and Sprint/United Management Company as defendants, the Cook County Record reports. The plaintiff seeks a class action lawsuit against Sprint since he believes the company violated the FCRA with other applicants.
The plaintiff claims the defendants “routinely and systematically violate the FCRA’s basic protections by failing to provide required disclosures prior to procuring background reports on applicants and employees.” According to FCRA § 604 (b)(2)(A)(i), a person may not procure a consumer report unless:
…a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes…
Rodriguez claims when he applied for a job at Sprint he completed an “Authorization for Background Investigation” form that “violates the FCRA’s standalone disclosure requirement because it contains extraneous information” and contained extraneous information such as a release from liability.
The Cook County Record reports the class will include applicants who underwent an employment credit report with Sprint dating back to October 20, 2013. Rodriguez also asked the court to declare Sprint willfully violated the FRCA and statutory damages could range from $100 to $1,000 per violation.
The case is Roberto Rodriguez Jr. v. Sprint Corp.; Sprint/United Management Co. The full Cook County Record report is available at http://cookcountyrecord.com/stories/510644598-job-applicant-s-class-action-says-sprint-s-employment-credit-report-disclosures-don-t-comply-with-federal-law.
The complaint filed against Sprint is the latest in a flurry of background check class action lawsuits claiming FCRA violations. In 2015 alone, companies such as Food Lion, Home Depot, Chuck E. Cheese, BMW, and Whole Foods have paid settlements in FCRA lawsuits ranging from $803,000 to $3 million.
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. To learn more about background check services from ESR, please call toll free 888.999.4474 or visit www.esrcheck.com/sales.
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