Class Action Takes Issue with BVM The Bridges' FCRA Disclosure Document

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Assisted living community operator BVM The Bridges, LLC is the defendant in a proposed class action that alleges it violated the Fair Credit Reporting Act (FCRA). According to the complaint, the defendant routinely conducts background checks on prospective and existing employees and relies on information in those reports as the basis for taking adverse employment action. This practice, the case notes, is lawful under the FCRA so long as the user of said reports, BVM, complies with the law’s disclosure and authorization requirements. Further, the FCRA requires disclosures to be provided in a standalone document. Herein lies the heart of the plaintiff’s allegations, the suit claims, as BVM’s FCRA disclosure document supposedly contained numerous extraneous items of information.

“Defendant knew that it had an obligation to provide a stand-alone disclosure before procuring a consumer reporting, but chose to place its own interests ahead of the rights of consumers,” the lawsuit says of BVM’’s alleged practice of “systematically inserting extraneous information” into its prospective employee applications.