Class Action Against Advanced Disposal Services Alleges FCRA Missteps
Last Updated on May 8, 2018
Gross v. Advanced Disposal Services, Inc.
Filed: August 14, 2017 ◆§ 8:17-cv-01920-CEH-TGW
A lawsuit alleges Advanced Disposal Services obtained background reports on job applicants, employees without first providing mandatory disclosures.
A proposed class action filed in Florida claims Advanced Disposal Services, Inc. violated the Fair Credit Reporting Act (FCRA) when it procured background reports on employees and job applicants without first providing the individuals with a mandatory disclosure of their rights in a standalone document. This disclosure, the case says, must be provided to individuals before a background report is obtained.
More specifically, the lawsuit claims the defendant failed to satisfy the following FCRA disclosure and authorization requirements, which note it is illegal to procure a background report unless:
- A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
- The consumer has authorized in writing the procurement of the report.
The plaintiff claims he applied for employment with the defendant around October 2016 and was denied the job due to a supposed traffic ticket conviction on his background report that “incorrectly came up as a conviction for a failure to appear.”
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