Cruise Company Accused of FCRA Violations

American Cruise Lines, Inc. (ACL) was named the defendant in a proposed class action alleging that the company violated the terms of the Fair Credit Reporting Act (FCRA)

The Plaintiff - Dariu Kirk - applied for a position with ACL in March 2023 and shortly thereafter was offered the job. According to the complaint, securing the position was contingent on Plaintiff successfully passing the pre-employment background check process and drug test. ACL screened the Plaintiff with the support of their third party consumer reporting agency ("CRA").

A week after applying for the job, Plaintiff was informed that upon review of his background check results, ACL would be pursuing another candidate. The complaint cites that "at that point, [ACL] had not yet provided Plaintiff with both a copy of the consumer report and a description, in writing, of his rights under the FCRA, as required by statute."

Plaintiff contends that CRA's background check was incomplete, failing to indicate that Plaintiff received a pardon in February 2022 for robbery crimes reported.

Plaintiff alleges that he asked ACL why the offer was revoked and also asked for a copy of the background check results. Receiving no response from ACL for two days, Kirk contacted Sterling directly and was provided a copy of the background check. Plaintiff alleges this was the first opportunity he had to review the inaccurate information in the report.

The proposed class action includes individuals who:

  • applied for a position with ACL in the last five years;
  • were subject to a report for employment purposes;
  • were the subject of an adverse employment action by ACL; and
  • did not receive a copy of the report and/or a written summary of rights prior to the adverse action.

Employers are encouraged to review their FCRA compliance/processes for adverse action. For Certiphi clients that have questions about the adverse action process, please contact your account management team.

Posted: August 15, 2023

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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