Apartment Management Consultants Hit with FCRA Class Action Over Allegedly Improper Background Checks
Last Updated on October 18, 2018
Legros v. Apartment Management Consultants, LLC
Filed: October 16, 2018 ◆§ 5:18-cv-02209-PA-SP
A class action alleges Apartment Management Consultants utilizes background reports for employment without first making mandatory disclosures in a standalone document.
California
Apartment Management Consultants, LLC is on the receiving end of a proposed class action wherein the plaintiff claims the company utilizes consumer background reports for employment purposes without first making mandatory disclosures in a standalone document, among other Fair Credit Reporting Act (FCRA) requirements.
The lawsuit states that the federal FCRA and California laws mandate that entities that procure consumer background reports for employment purposes adhere to certain safeguards, including:
- Providing “clear and conspicuous” notice in a written document—that consists solely of the disclosure—that a background report may be procured;
- Obtaining written authorization from a consumer prior to obtaining the individual’s background check;
- Providing a summary of rights under all applicable laws before taking adverse action against a consumer; and
- Providing the subject of a background report with a copy of said report prior to taking adverse action.
The plaintiff, who the case says worked for Apartment Management Consultants as an employee community ambassador maintenance technician, claims the defendant, as a matter of practice, obtains consumer background reports on prospective and current employees without providing adequate disclosure that it will do so. According to the suit, the plaintiff was fired in November 2017 based in part on the contents of a background report pulled without his knowledge or consent.
This lawsuit has been removed from superior to district court in California.
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