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Judge dismisses class action accusing Kohl’s of improper background checks

The proposed lawsuit alleged the department store chain violated the Fair Credit Reporting Act when its applications combined criminal record search disclosures with consent and disclosure forms permitting a search of applicants’ credit histories.

The court, however, disagreed with the plaintiff’s argument that Kohl’s violated the FCRA’s standalone disclosure requirements by simply providing the two disclosures together at the time of application. The judge went so far as to say that the claims “made no sense whatsoever,” according to Law360.com.

Ultimately it was ruled that the suit failed to demonstrate any willful violations of the FCRA.

“The court is not aware of any authority supporting this contention that merely presenting these documents together violates [the FCRA].”

Source: Law360.com, 10/6/2015

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