District Court Certifies FCRA Background Check Disclosure And Adverse Action Class Action

On October 31, a United States District Court certified a Fair Credit Reporting Act class action involving claims that an employer procured a background check through an improper disclosure form and took adverse action without following the proper adverse action protocol.  Although the Court's decision did not address the merits of the case, the Court did address a number of arguments that frequently arise in FCRA class certification battles.

In Milbourne v. JRK Residential America, LLC, the named plaintiff alleged that the defendant violated the FCRA by using a background check disclosure form that included a liability release and waiver.  He argued that including this language prevented the form from consisting solely of the disclosure that a background check would be obtained.  The named plaintiff also alleged that he was terminated from employment the day before he received a copy of his background check and a summary of his rights under the FCRA.  According to