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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

Two Whitepapers from ESR Help Employers Avoid FCRA Lawsuits

Employment Screening Resources® (ESR) – a global background check firm – offers two complimentary whitepapers that deal with the explosion of class action lawsuits against both employers and Consumer Reporting Agencies (CRAs) involving the Fair Credit Reporting Act (FCRA). To learn more about ESR, call 888.999.4474 or visit

Common Ways Prospective or Current Employees Sue Employers Under the FCRA is a response to the rising trend of lawsuits filed against employers for alleged violations of the federal FCRA that controls background checks in the United States. Download at

Common Ways Consumer Reporting Agencies are Sued Under the FCRA describes eighteen practices that can give rise to FCRA lawsuits against CRAs that employers must keep in mind when choosing a CRA to help them navigate this legally-sensitive area. Download at

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.

© 2016 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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