Falcon Aviation Academy Failed to Provide FCRA Disclosure Before Obtaining Background Check, Class Action Says

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Newnan, Georgia’s Falcon Aviation Academy finds itself as the defendant in a proposed class action lawsuit wherein the plaintiff claims the company overstepped federal law by procuring background checks on employees and job applicants without first providing certain mandatory disclosures in a stand-alone document.

The lawsuit states the plaintiff interviewed for an inventory control specialist position with the defendant in October 2018. Two days after his interview, the plaintiff was offered the full-time role, the suit says, for which he would have been entitled to full benefits, performance bonuses and a 401(k).

According to the complaint, the plaintiff attended an orientation session as an active employee for the defendant. During this session, the case says, the plaintiff was provided with and filled out a two-page physical employment application that he believed was a mere formality since he had already been offered the job. Embedded within this application was authorization for Falcon Aviation Academy to perform a background check on the plaintiff, the lawsuit reads.

The defendant allegedly violated the Fair Credit Reporting Act (FCRA) by failing to provide the plaintiff with a clear and conspicuous disclosure and request for authorization in a stand-alone document that consisted solely of such before obtaining the man’s background report. It wasn’t until the end of October 2018, the plaintiff says, that he received notice that a background check had been performed by the defendant. The man was terminated after his background check supposedly outlined “four misdemeanor offenses” unrelated to his job responsibilities, the suit states.