J.B. Hunt Transport Faces FCRA Class Action Lawsuit

J.B. Hunt Transport Inc. has been hit with a class action lawsuit that accuses the trucking company of violating the Fair Credit Reporting Act (FCRA) by obtaining background checks on job applicants without their consent, failing to notify them of their right to access a copy of the reports, and rejecting some candidates based on the information contained in the reports.

Plaintiff Stanley Napier of West Virginia alleges he completed an online employment application with J.B. Hunt Transport in January. He says the application did not contain any language informing him that a consumer report would be procured to determine his employment eligibility.

He was denied the job after his credit report revealed inaccurate information about his driving record with his former employer, the background check class action lawsuit alleges.

The Fair Credit Reporting Act is a federal law that regulates the collection, maintenance and disclosure of consumers’ personal information by consumer reporting agencies. Employers must comply with the provisions of the FCRA related to the procurement and use of consumer reports to determine employment eligibility.

Napier alleges that J.B. Hunt Transport violated the FCRA by failing to inform him that they would be obtaining a consumer report about him. According to the FCRA class action lawsuit, the trucking company also failed to inform him that he could get a free copy of the consumer report and that he had the right to challenge the information contained in the report.

“At no time did Defendant provide [Napier] with the notice required by the FCRA within three (3) business days of taking the adverse action, including: (i) that an adverse action had been taken based in whole or in part on the consumer report, (ii) the name address, and telephone number of the consumer reporting agency, (iii) that the consumer reporting agency did not make the decision to take the adverse action and was unable to provide [Napier] with specific reasons why the adverse action was taken, or (iv) that [Napier] could request a free copy of the report and dispute the accuracy and/or completeness of the report with the consumer reporting agency,” according to the FCRA class action lawsuit.

By filing the FCRA class action lawsuit, Napier seeks to represent a Class of consumers who applied for a job with J.B. Hunt Transport and about whom the trucking company obtained a consumer report without authorization or consent and who were not informed about their right to obtain a free copy of the consumer report.

He also seeks to represent a Class of applicants who were denied employment based on information contained in their consumer background check and who were not informed about their right to dispute the accuracy or completeness of the report as required by FCRA.

The plaintiff seeks certification of the J.B. Hunt Transport class action lawsuit, an order declaring the trucking company’s actions are in violation of FCRA, statutory damages of between $100 and $1,000 per violation for each Class Member, punitive damages, and attorneys’ fees.

Napier is represented by Matthew D. Miller of Swartz Swidler LLC.

The J.B. Hunt Transport Background Check Class Action Lawsuit is Stanley Napier v. J.B. Hunt Transport Inc., Case No. 1:16-cv-01955, in the U.S. District Court for the District of New Jersey.