Stryker Hit with FCRA Class Action Over Non-Disclosures
Last Updated on May 8, 2018
Ramsey v. Stryker Corporation
Filed: March 9, 2017 ◆§ 1:17-cv-00285-AJT-TCB
A proposed class action lawsuit claims medical device manufacturer Stryker Corporation unlawfully failed to make mandatory disclosures when obtaining background checks.
A proposed class action lawsuit claims Fortune 500 medical device manufacturer Stryker Corporation unlawfully failed to make mandatory disclosures when obtaining prospective and current employees’ background reports. Citing alleged violations of the Fair Credit Reporting Act (FCRA), the 33-page complaint claims Stryker failed to disclose to employees in a standalone document that “it may obtain a consumer report on them for employment purposes, prior to obtaining a copy of their consumer report.” The case also alleges Stryker engaged in the practice of obtaining consumer reports without proper authorization, since its disclosure forms do not comply with FCRA guidelines. From the lawsuit:
“Under the FCRA, it is unlawful to procure a consumer report or cause a consumer report to be procured for employment purposes, unless:
- A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or cause to be procured, in a document that consists solely of the disclosure, and that a consumer report may be obtained for employment purposes; and
- The consumer has authorized in writing (which authorization may be made on the document referred to in clause (i) the procurement of the report”
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