I just saw a press release from an attorney who is leading a class action in Maryland against Capital One on behalf of those who say that the company violated the Fair Credit Reporting Act (FCRA) for the manner in which they conduct employment background checks. The suit alleges that the company has harmed their job applicants by:
- Burying the Applicant Release and Disclosure form in the job application
- Not providing the proper Adverse Action notifications and copies of the background check result when an applicant was denied employment
- Using improper formatting requirements on the release (font must be a certain size)
If true, this could lead to either a large settlement or verdict against the company. If so, you can be sure that the attorneys leading the class will be asking the company “What’s in Their Wallet!”
Whether these allegations are true of not (and it is our hope that they are not), employers should take note that it is far easier to comply with the FCRA than to face this type of action.
P.S. Even though I know the reason why, I still can’t get over law firms sending out press releases on the cases they file.
[...] filed a similar suit in December of last year against banking giant Capitol One. We told you about that case a few weeks ago. Plaintiff Kevin Smith accuses Capital One of violating the FCRA by combining [...]