Lawsuit Claims UPS Failed to Provide Disclosures, Obtain Authorization for Job Applicant Background Checks

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A proposed class action claims UPS has obtained consumer reports on prospective, current and former employees as part of its hiring process without providing statutory disclosures and obtaining proper authorization to do so.

The lawsuit alleges defendant United Parcel Service, Inc. has violated the federal Fair Credit Reporting Act, which sets specific requirements for entities who obtain someone’s consumer report. Per the case, prospective employers must inform a job applicant that they intend to procure a consumer report as part of the hiring process, and obtain the applicant’s authorization before doing so. Moreover, the required disclosure must be clear and conspicuous and presented in a standalone form that consists solely of the disclosure, the suit adds.

The plaintiff claims to have discovered UPS’s alleged violations of the FCRA when she obtained her personnel file and found out that the company had procured or caused to be procured her consumer report for employment purposes. According to the suit, UPS never provided the plaintiff with an FCRA-compliant disclosure that consisted solely of the disclosure and sought her written authorization to procure her consumer report.

The plaintiff looks to represent current, former and prospective UPS employment applicants in the U.S. for whom a background check was performed at any time within the past five years and until final judgment is entered in this action.

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