Employee Applicant Confuses FCRA Employer Notice Requirements
in Adverse Use of Credit Report
John D. Reinke v. Cargill, Inc.,
2011 U.S. Dist. LEXIS 66313 (E.D. Wis. June 21,
2011)
Facts: Plaintiff claimed that
Defendant Cargill, Inc. ("Cargill") violated his rights
under the FCRA when it rescinded an offer of employment based on
information obtained from a consumer report. Plaintiff began
working as a temporary employee at Cargill and applied three months
later for a permanent position. Upon receiving the application,
Cargill obtained Plaintiff's consumer report that contained
personal financial, credit and other private information including
his conviction record. The consumer report inaccurately stated that
the Plaintiff was convicted of intentional homicide when in fact he
was convicted of reckless homicide. Cargill mailed the Plaintiff a
conditional offer letter stating that it had obtained a consumer
report on him, and enclosed a copy of the consumer report
