INDUSTRY NEWS
Proposed class action filed against timeshare company
Marriott Ownership Resorts, Inc. allegedly violated the Fair Credit Reporting Act (FCRA) by failing to adequately disclose and obtain authorization to conduct background checks on employees.
The lead plaintiff in the case claims she signed a background check disclosure that included a liability waiver – a practice which violates the FCRA’s requirement for disclosures to reside on a completely stand-alone document without any extraneous information.
"The inclusion of the liability release clause in [Marriott]’s authorization forms invalidates the purported consent and also triggers statutory damages under the FCRA in the amount of up to $1,000 for each applicant that [Marriott] obtained a consumer report without a facially valid authorization, as well as punitive damages, equitable relief, and attorneys' fees and costs," the complaint states.
Source: Law360.com, 8/21/2017