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Capital One Illegal Background Check Class Action Lawsuit
By Sarah Pierce
A federal class action lawsuit has been filed on behalf of Capital One employees and applicants, accusing the company of illegally obtaining and improperly using Consumer Reports for background checks in violation of the Fair Credit Reporting Act. According to the class action lawsuit, Capital One violated the FCRA in two ways. First, by burying its background check authorization in a job application, which violates the law’s strict formatting requirements on companies who do background checks.
The Capital One background check class action lawsuit also accuses the company of violating the law by failing to provide copies of the Consumer Reports when it used them to take adverse employment actions, such as refusing to hire an applicant, refusing to promote an employee or terminating an employee. The FCRA requires companies to provide employees with copies of their background checks.
“Consumer Reports are notoriously inaccurate. The Fair Credit Reporting Act exists in part to ensure employees have a say in who can pull their Consumer Reports and have an opportunity to contest any inaccuracies that they may contain,” said the Plaintiff’s attorney.
The Capital One background check class action lawsuit is seeking to represent a class of all Capital One employees and job applicants for the past three years. If Capital One is found guilty of violating the FCRA as alleged, employees and prospective employees may be entitled to statutory damages of up to $1,000 for each violation.
“Based on our understanding of Capital One’s practices, everyone who has applied or worked for Capital One in the past three years should be eligible to receive statutory damages if our lawsuit succeeds,” continued the Plaintiff’s attorney.
The case is entitled Smith v. Capital One, N.A., Case No. 11-cv-03504-RDB, U.S. District Court, District of Maryland.
Updated December 28th, 2011
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