Walmart Class Action Says Background Checks Violate Federal Law

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Retail giant Walmart faces a class action lawsuit alleging the company violates the Fair Credit Reporting Act by using unauthorized background checks.

Lead plaintiff Randy Pitre alleges in his class action lawsuit that Walmart obtained a background check on him without legal authorization under the FCRA and California state law while he was working for the company.

The plaintiff argues in the Walmart class action that the company failed to provide adequate notice of the consumer report as well as failed to secure legal authorization to obtain it.

According to the class action lawsuit, Walmart has “a policy and practice of procuring investigative consumer reports or causing investigative consumer reports to be procured for applicants and employees without properly and legally obtaining authorization as it included other extraneous information other than the disclosure; and without notifying such applicants of their right to request a summary of their rights under the FCRA at the same time as the disclosure explaining that an investigative consumer report may be made.”

Pitre alleges that Walmart violated the FCRA and various California state laws when it obtained background checks on him and others applying with or working at Walmart. The plaintiff says that Walmart did not provide a “clear and conspicuous” disclosure notifying job seekers that it would be obtaining a consumer report on them. The plaintiff further alleges that the disclosures were “embedded with extraneous information” and were “not clear and unambiguous disclosures in stand-alone documents.”

“Under the FCRA, it is unlawful to procure or caused to be procured, a consumer report or investigative consumer report for employment purposes unless the disclosure is made in a document that consists solely of the disclosure and the consumer has authorized, in writing, the procurement of the report,” alleges the Walmart class action complaint.

The plaintiff also points out that the Federal Trade Commission reiterated this policy in a July 2011 report.

“As a result of [Walmart’s] illegal procurement of credit and background reports by way of their inadequate disclosures, as set forth above, plaintiff and class members have been injured including, but not limited to, having their privacy and statutory rights invaded in violation of the FCRA,” alleges the Walmart lawsuit.

The plaintiff seeks to represent a nationwide Class of current, former and prospective job applicants with Walmart who were subject to an unauthorized background check within the past five years. Pitre also seeks to represent a California subclass for alleged violations of state law.

The plaintiff seeks monetary relief on behalf of himself and the Class, along with statutory damages and an injunction on Walmart’s policy of obtaining employee background reports without proper disclosure.

Pitre is represented by Shaun Setareh and Thomas Segal of the Setareh Law Group.

The Walmart Background Check Class Action Lawsuit is Randy Pitre v. Wal-Mart Stores Inc., Case No. 8:17-cv-01281-DOC-DFM, in the U.S. District Court for the Central District of California.

UPDATE: On Oct. 15, 2018, plaintiffs in a class action lawsuit alleging Walmart violated the Fair Credit Reporting Act during its employment process urged a California court to certify the proposed Class of 5 million workers.

UPDATE 2: On Jan. 17, 2019, around 5 million Walmart job applicants have earned Class certification of their lawsuit claiming the company added extra material to background check notifications in violation of federal law.