Nineteen named plaintiffs have filed a proposed class action against First Advantage Background Services Corp. over alleged violations of the federal Fair Credit Reporting Act (FCRA). The 19 plaintiffs, the 37-page complaint says, are class members of an already-settled class action against Wells Fargo over its use of background checks.
This lawsuit, out of Virginia district court, claims the defendants performed all of the background checks for Wells Fargo at the heart of the aforementioned class action. Though that case was settled, the suit continues, the terms of the settlement allowed class members to retain their right to file claims against First Advantage.
The plaintiffs and proposed class members all applied for jobs at Wells Fargo through First Advantage’s internet portal, the lawsuit claims. According to the lawsuit, the FCRA-mandated disclosure form provided by First Advantage contained prohibited language “designed to induce applicants into waiving any rights they have against Wells Fargo and First Advantage.” From the lawsuit:
“The First Advantage reports contained public record information likely to have an adverse effect on plaintiffs’ and putative class members’ ability to obtain employment. However, First Advantage failed to notify the plaintiff and putative class members at the time it provided Wells Fargo with the reports.”