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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed by a Florida man against Waffle House claims the 24-hour diner chain violated the federal Fair Credit Reporting Act (FCRA) by unfairly using a background check and denying him employment, according to a report from

Passed in 1970, the FCRA promotes the accuracy, fairness, and privacy of consumer information contained in background check reports, including protecting consumers from the willful and negligent inclusion of inaccurate information in their reports. reports the Plaintiff in the class action lawsuit, William Jones, claims that he applied for a job at Waffle House in December of 2014 and was denied employment due to a background check that allegedly contained inaccuracies in violation of the FCRA. also reports that the Plaintiff claims that Waffle House violated the FCRA by:

  • Not providing proper disclosures before performing a background check on him,
  • Not providing him of a copy of his background check report before taking adverse action against him, and
  • Not providing a separate post-adverse action notice to him.

The Plaintiff seeks a trial by jury and is suing for damages, court and attorney fees, and any rewards deemed appropriate by the court. The full story is at

The background check class action lawsuit is Jones v. Waffle House, Inc. et al, case number 6:15-cv-01637-RBD-DAB, filed on October 1, 2015 in the United States District Court for the Middle District of Florida, Orlando Division.

The complaint against Waffle House 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 such 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

© 2015 Employment Screening Resources® (ESR) – Making copies or using of any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.


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