Romano’s Macaroni Grill Co. Hit with FCRA Suit Over Alleged Non-Disclosures

New to ClassAction.org? Read our Newswire Disclaimer

Mac Acquisition of Delaware LLC, which operates the Romano’s Macaroni Grill restaurant chain, is facing a proposed class action out of Florida over its routine use of employee and prospective employee background information as a basis for taking adverse employment action (firing, demotion, failure to hire, etc.). The problem? Mac Acquisition’s conduct when it comes to background reports violates the Fair Credit Reporting Act (FCRA), according to the lawsuit.

The plaintiff, who applied for a job with the defendant in Tampa in November 2016, alleges Mac Acquisition obtains background reports without first making certain mandatory disclosures in a standalone document. The case claims Mac Acquisition willfully violated the FCRA by failing to provide proposed class members with a separate document stating the company may obtain a consumer report for employment purposes, something that must be done prior to obtaining the report. Summarily, the case argues Mac Acquisition obtained background reports on the plaintiff and proposed class members without proper authorization.

Specific to the plaintiff, per the complaint:

“The form [the defendant] required [the plaintiff] to sign authorizing a background check included other clauses not relevant to the consumer report to be obtained by [Mac Acquisition]. Such information regarded the length of an application, releases of liability, notice of a drug screen analysis, investigation into references, work records and education, length and circumstances of employment and [the plaintiff’s] ability to work for [the defendant].”