Home Depot accused of running unauthorized background checks
Tags : FCRA Compliance
A proposed class-action suit filed in California federal court claims the home improvement retailer included an unlawful liability waiver on its background check authorization forms.
The suit claims the inclusion of the liability waiver violates the federal Fair Credit Reporting Act (FCRA)’s requirement that background check authorization forms consist of a stand-alone disclosure that does not contain any extraneous information as well as the Federal Trade Commission’s “unambiguous regulatory guidance” that advises against the inclusion of such liability waivers.
“The violations of the FCRA were willful,” the complaint says. “Defendant knew that its background check disclosure and authorization forms should not include extraneous information that is prohibited by the FCRA, and acted in deliberate disregard of its obligations and the rights of Plaintiff and other class members.”
The lead plaintiff in the case says that by including the unlawful waiver, Home Depot failed to procure the necessary authorization to procure background checks on prospective employees. The proposed class-action seeks to represent a nationwide class of job applicants who signed background check disclosure form in the last five years.
In 2016, Home Depot paid $3 million to settle a class-action suit that contained similar claims its job applications used disclosure and authorization forms that contained extraneous information.
Source: Law360.com, 8/7/2017
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.