Del Taco Restaurants Sued Over Potentially Illegal Employee Background Reports

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A proposed class action has been filed against Del Taco Restaurants, Inc. over claims that the defendant failed to adhere to several provisions of the Fair Credit Reporting Act (FCRA) in its use of background reports on prospective and current employees. The plaintiff says he was hired at one of the defendant’s taco restaurants and worked there for approximately one month before he was told that he would be trained for a management position. According to the suit, the plaintiff was provided with a background check disclosure form containing “extraneous information,” which the complaint says violated the FCRA’s requirement that consumer report disclosures be presented on “standalone” forms.

Furthermore, the plaintiff says after the defendant obtained a copy of his background report, he was told that he had failed and would be terminated. According to the suit, the defendant was required to provide the plaintiff with a copy of the report and a summary of his FCRA rights before taking adverse action against him but instead sent him the report upon his request after he had been fired.