Litigation Update: Sports Bar and Grill Hit with Class Action

Angela Preston

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Beef ‘O Brady’s has been served with a class action complaint for alleged violations of the Fair Credit Reporting Act (FCRA). The U.S. sports bar and grill is being targeted for now-familiar claims surrounding the company’s authorization and disclosure for employment background checks.

According to the complaint, the Plaintiff, a former shift leader of one of the restaurant’s Tampa locations, began his employment in January of 2014. He was terminated in February of 2015 after the company allegedly ran a background check on him. The Plaintiff claims that the Defendants willfully violated the FCRA by procuring consumer reports on Plaintiff and other putative class members without first making proper disclosures in the format required by the statute. He further claims that the Defendants failed to provide the proper adverse action notices.

The company has not yet had an opportunity to respond to the allegations.

Case Name: D’Andre Peacock vs. Beef ‘O Brady’s, INC., Case No. 8:15-cv-00378, U.S. District Ct. Middle District of Florida, Tampa Division.

File Date: February 23, 2015

Cause of Action: Class Action, Fair Credit Reporting Act 15 USC 1681 et seq., Authorizations and Disclosures, Adverse Action

Bottom Line: FCRA class actions continue to spread at an alarming rate. Contact your legal counsel and your screening firm for best business practices.



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Angela Preston
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Angela Preston

Vice President of Compliance & General Counsel at EmployeeScreenIQ
Angela Preston has more than 20 years as a licensed attorney and over 10 years in the background screening area. She serves on the Board of Directors of the National Association of Professional Background Screeners (NAPBS), is a member of the NAPBS Background Screening Credentialing Council (BSCC), and is actively involved in the Society for Human Resource Management (SHRM) and ASIS International. Angela is also a member of the Ohio State and Columbus Bar Associations. Angela has direct oversight and management of compliance programs, and will provide guidance in complex legal matters including state and federal legislation, EEO law, client education, adjudication, pre/adverse action process, NAPBS Accreditation and client and vendor contract management.
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