Infomart Sued Over 'Wrongly Reported' Criminal Record

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A proposed class action filed in West Virginia alleges consumer reporting agency Infomart, Inc. violated the Fair Credit Reporting Act (FCRA) when it sent a background report to the plaintiff’s prospective employer that wrongly included a vacated civil judgment on the man’s record.

At its core, the complaint alleges Infomart wrongly reported a criminal record to a potential employer for plaintiff Robert L. Mills II that, in fact, belonged to a different Robert Mills, and contained other supposed inaccuracies.

“Infomart completed the report on or after April 30, 2015. The report erroneously attributed to [the plaintiff] a criminal record that does not belong to him—it belonged to a stranger Robert Mills,” the lawsuit argues. “The Infomart report also disclosed a civil judgement against [the plaintiff] from 2010, but failed to report its up-to-date status—that the judgment had been vacated.”

From here, the lawsuit claims soon after the plaintiff’s prospective employer received Infomart’s report, the man was told he would not be hired due to information unearthed by the background check even though he had never seen a copy of the report in question.