Asplundh Tree Expert Accused of Conducting Illegal Background Reports

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Asplundh Tree Expert, Co. and Asplundh Tree Expert, LLC are on the receiving end of a proposed class action lawsuit alleging violations of the Fair Credit Reporting Act (FCRA). The suit takes issue with the background check disclosure forms the defendants provide to prospective and current employees before obtaining their consumer reports.

The plaintiff claims he worked for the defendants between August 2011 and September 2017 and was required to sign a form authorizing the defendants to conduct a background check. According to the suit, the defendants were required to disclose to the plaintiff “in a document that consists solely of the disclosure” that they may obtain his consumer report. Instead, the complaint argues, the form contained “extraneous additions” that made up “three full pages of eye-straining type face writing.”

The case notes that the defendants have been sued before over similar allegations (Gonzalez v. Asplundh Tree Expert, Co. Case No.: 8:15-cv-124) but that the changes made to its disclosure form have only “brought it further out of compliance with the requirements of the FCRA.”