Job Applicant Says Home Depot Conducts Unauthorized Background Checks

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Home Depot U.S.A., Inc. is facing a proposed class action claiming it issued illegal disclosure forms in connection with pre-employment background checks. The plaintiff, who applied for a position with one of the defendant’s third-party service providers, says she was given a background check authorization form that contained a liability release. According to the suit, the Fair Credit Reporting Act (FCRA) requires that forms authorizing access to consumer information, such as a background report, be presented to consumers in a stand-alone document containing no “additional information or agreements.” The liability release, the complaint says, renders the form illegal under the FCRA, which, in turn, means the defendant procured the plaintiff’s consumer report without proper authorization.