Judge tosses suit accusing Target of violating background check law
Tags : FCRA Compliance
The ruling claimed that the retail giant did not willfully commit a violation of the Fair Credit Reporting Act (FCRA)’s “stand-alone disclosure” requirement.
“Even if the court assumes, for the sake of argument, that Target violated the FCRA, it cannot conclude that [the plaintiff] plausibly alleges that such violation was willful,” the Minnesota federal judge wrote in his decision.
The plaintiff’s suit claimed that Target violated the FCRA by including extraneous information—such as a requirement that employees commit to teamwork built around “dedication, trust and above all, honesty,” and a notification that Target has the “right to end your employment at anytime for any reason”—on the company’s background check disclosure and authorization forms, a practice which they believed violated the FCRA’s “stand-alone disclosure” requirement.
Target, in its motion to dismiss the case, claimed that its form consisted “solely” of the disclosure and that any additional details were included to enhance the disclosure in a clear and conspicuous way.
Ultimately, the federal judge approved Target’s motion to dismiss, citing the “less than clear text of the FCRA’s stand-alone disclosure requirement,” in his conclusion that Target did not willfully violate the FCRA based an objective reading of the statute.
Source: Law360.com, 5/12/2016
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.