InfoMart Class Action Alleges Co. Provided Inaccurate Background Check Info

InfoMart Inc. has violated the Fair Credit Reporting Act by furnishing inaccurate background check information about a job applicant, according to a FCRA class action lawsuit filed in West Virginia federal court.

Plaintiff Robert Mills II alleges he applied for a job in 2015 and was subjected to a consumer report provided by InfoMart. After receiving the background check information from InfoMart, the potential employer reportedly informed Mills that he would not be hired due to information contained in the consumer report.

According to the InfoMart class action lawsuit, the consumer report provided by InfoMart contained inaccurate and outdated information about him.

Mills says InfoMart reported a civil judgment that was entered against him in 2010 but later vacated. According to the InfoMart class action lawsuit, the report did not indicate the final disposition.

Additionally, Mills says that InfoMart reported a criminal record that was associated with a different “Robert Mills.”

The FCRA is a federal law that imposes certain requirements on consumer reporting agencies. Under the FCRA, consumers must be permitted to learn what a consumer reporting agency may publish about them. Therefore, consumer reporting agencies are required to provide consumers with all of the information in the consumer’s file upon request. The agency is also required to divulge the source of the information.

Mills asserts that he requested disclosure of the sources of the information contained in his file in 2016. According to the InfoMart class action lawsuit, InfoMart failed to reveal TransUnion as a source of information even though the consumer reporting agency obtained and republished derogatory information about Mills that was obtained from TransUnion.

The FCRA class action lawsuit also accuses InfoMart of failing to comply with FCRA’s requirement to provide notice that it was providing information that contained adverse criminal and civil judgment records about him to a potential employer.

“And Defendant entirely failed to report the complete, up-to-date criminal and civil-judgment records – it did not and systemically does not obtain full personal identifiers with its criminal records and does not obtain up to date dispositions for its civil records,” the InfoMart FCRA class action lawsuit states.

By filing the InfoMart class action lawsuit, Mills seeks to represent a Class that includes: “All natural persons who requested a copy of their consumer file from InfoMart on or after December 27, 2014, and received a report that failed to identify the source(s) of the information (i.e., InfoMart’s third party vendor) for any civil-judgment, lien or bankruptcy in the report.”

Mills also seeks to represent a Class of consumers in the United States (and a subclass of West Virginia residents) who were the subject of an InfoMart background check for employment purposes in the last two years, and where the report contained at least one civil judgment that had been satisfied, vacated or otherwise dismissed at least 30 days prior to the date of the report.

Mills is represented by John W. Barrett and Ryan M. Donovan of Bailey & Glasser LLP, Kristi C. Kelly and Andrew J. Guzzo of Kelly & Crandall PLC and Leonard A. Bennett and Craig C. Marchiando of Consumer Litigation Associates PC.

The InfoMart Background Check Class Action Lawsuit is Robert Mills II v. InfoMart Inc., Case No. 3:17-cv-00048, in the U.S. District Court for the Northern District of West Virginia.