Class Action Filed Against Apex Background Check

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A proposed class action lawsuit out of Virginia claims Apex Background Check, Inc. violated federal law by furnishing consumer reports—likely to adversely affect individuals’ opportunities to get jobs—without first providing notice to proposed class members. The 19-page case alleges the defendant “does not maintain strict procedures designed to ensure the information it reports about consumers for employment purposes is complete and up-to-date” in violation of the Fair Credit Reporting Act (FCRA). Specific to the named plaintiff, the defendant allegedly produced a consumer report that included a conviction for assault and battery, which was reduced on appeal to disorderly conduct. The plaintiff argues a company refused to hire the him as a result of the contents of his consumer report, which reportedly had been expunged and should not have been made known to potential employers.