District Court Denies Motion For Class Certification Under FCRA

In Jones v. Sterling Infosystems, 1:14cv3076 (S.D.N.Y. 2016), the district court recently denied class certification against a background screening company that was alleged to have violated 15 U.S.C. § 1681k(a) by not sending out the notice envisioned under § 1681k(a)(1) at the time that criminal record information was transmitted to employers. 

The court denied class certification based on the individualized inquiries necessary in the context of the issues of "incompleteness" and the defendant's asserted lack of "strict procedures," both of which are elements of a plaintiff's claim under 15 U.S.C. § 1681k(a).

With respect to the former issue of "incompleteness," the Court held that the completeness analysis is driven by "current public record status" of the record at the time it was reported, rather than any personal identifiers associated with the record.  The court then denied class certification on the basis that the issue would represent an