FCRA Lawsuit against Bank of America over Background Checks Dismissed

FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A California federal judge has dismissed a class action lawsuit filed against Bank of America Inc. and other defendants over alleged violations of the federal Fair Credit Reporting Act (FCRA) during background checks on contract workers by ruling the plaintiff lacked standing to bring any claims, according a blog on the Consumer Financial Services Law Monitor website.

On October 13, 2016, Judge Christina A. Snyder of the United States District Court for the Central District of California ruled in Robert Berrellez v. Pontoon Solutions, Inc. et al., No. 2:15-cv-01898, where the plaintiff claimed Bank of America and its contract staffing firms performed background checks without providing an FCRA required disclosure or a summary of his rights.

The blog states that the plaintiff alleged the defendants “violated the 15 U.S.C. § 1681b(b)(2)(A) requirement that a disclosure form consist ‘solely’ of the disclosure.” He also claimed that the defendants “procured investigative consumer reports about him without informing him, under 15 U.S.C. § 1681d(a)(1), of his right to request a written summary of his statutory rights.”

However, Judge Snyder “concluded that Berrellez had not proven he had Article III standing because he could not show a link between the defendants’ conduct and any harm he suffered.” In addition, Judge Snyder found that the plaintiff’s claims were based on a disclosure and authorization form he never signed that was not the basis for any action by any defendant.

According to the blog: The court ultimately concluded that the Article III and statutory time bars warranted judgment for the defendants on all claims and dismissed the case in its entirety. Judge Snyder also rejected the plaintiff’s suggestion that if the court found a lack of standing, it should dismiss the case without prejudice to allow him to pursue his claims in state court.

The blog “Judge Grants Summary Judgment for Bank of America in Putative FCRA Disclosure and Authorization Class Action” by Ross Andre, David N. Anthony, and Alan D. Wingfield is at www.consumerfinancialserviceslawmonitor.com/2016/10/judge-grants-summary-judgment-for-bank-of-america-in-putative-fcra-disclosure-and-authorization-class-action/.

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NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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