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Written By Digital Content Editor Thomas Ahearn
A proposed class action lawsuit claims a ridesharing service and its third-party background screening provider violated the Fair Credit Reporting Act (FCRA) by approving driver applicants using stolen identities to apply for jobs after failing to properly screen them with background checks, according to a report on ClassAction.org.
The lawsuit alleges the ridesharing service and third-party background screening provider negligently hired a driver who applied with a stolen identity and claims the defendants violated the FCRA by failing to notify the plaintiff that he was the subject of a background check and giving him no chance to prevent the identity theft.
“The Defendants systematically violate section 1681b(b)(3) of the FCRA by ordering and/or preparing consumer reports without, beforehand, providing the person who is the subject of the report sufficient and timely notification and a copy of the report and a summary of rights under the FCRA,” the lawsuit claims.
The lawsuit also claims reports of drivers using false identities to obtain employment with the defendant have “become commonplace, as many of these drivers would be unable to become drivers due to their prior criminal history, unsatisfactory driving record, immigration status, or lack of credit worthiness, among other things.”
As a result, innocent people such as the plaintiff become victims of the defendants “and are left with no choice but to deal with the consequences, which include without limitation the hiring and paying professionals to rectify their tax filings, credit reports, and other financial documents,” the 30-page lawsuit states.
The class action lawsuit – which was filed in a Florida federal court on December 5, 2022 – seeks to represent anyone who has been a victim of identity theft by an employee and/or contractor driving for the ridesharing service that resulted in the use of that person’s identity to work for the ridesharing service.
In June 2022, the ridesharing service released a U.S. Safety Report for 2019 and 2020 that revealed over 500,000 prospective drivers did not pass its background check process while more than 80,000 drivers were removed from the application due to continuous background checks during the years 2019 and 2020.
Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers contractor screening and employee monitoring for employers. To learn more, contact ClearStar.
NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – reminds readers that allegations made in class action lawsuits are not proof a business or individual violated any law, rule, or regulation since they are in the pleading stage with no factual adjudications yet.
NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – 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.
© 2022 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using 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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