Man Sues Mapco Express Over ‘Illegal’ Background Checks

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A Tennessee man has filed a proposed class action lawsuit against Mapco Express, Inc. claiming that the company violated the Fair Credit Reporting Act (FCRA) by denying him employment without providing him a copy of his consumer report or allowing him to contest its inaccurate information. The plaintiff says he sought employment at one of the defendant’s convenience stores and was informed that it would conduct a background check. From the complaint:

“When using criminal background reports for employment purposes, employers must, before declining, withdrawing, or terminating employment based in whole or in part on the contents of the report, provide job applicants like the Plaintiff with a copy of their respective background reports as well as a written summary of their rights under the FCRA.”

The suit argues that Mapco instructed the plaintiff to correct any inaccuracies on his report with the company that provided it, and not with Mapco itself. The plaintiff says he did dispute information in his report, some of which was corrected, but that the defendant made no attempt to receive a copy of the updated report or ensure that it was accurate before it denied his application for employment.