From Pennsylvania federal court comes a proposed class action that alleges First Advantage Background Services Corp. routinely misidentifies summary offenses as misdemeanors in consumer reports and generally misrepresents that certain offenses are more serious than they actually are.
The man behind the case had a background report furnished by the defendant after he submitted a job application to Lowe’s in February 2017, according to the lawsuit. The case alleges that the report inaccurately identified a 2010 summary offense charge—an offense ranked below a misdemeanor and generally resolved by paying a fine— as a misdemeanor, which ultimately cost the man the job opportunity. Some summary offenses in Pennsylvania include littering, loitering and disorderly conduct, the suit says.
“Had Lowe’s known that Plaintiff’s offense was a summary offense, it would have been on notice that it could not consider the offense under Pennsylvania law,” the complaint says.
The case argues the defendant routinely fails to maintain procedures that ensure the maximum possible accuracy of the information it reports. Notably, the suit says the company was already “placed on direct notice” of its allegedly unlawful practices in a prior class action.