Spokeo decision leads to dismissal of proposed FCRA class action
Tags : FCRA Compliance
A New Jersey federal judge tossed the class-action lawsuit against Michaels Stores, Inc., citing the prior U.S. Supreme Court ruling.
The plaintiffs in the case claimed that Michaels failed to provide sufficient disclosures that the store intended to procure background checks on job applicants, as required by the FCRA.
However, a U.S. District Judge found that the plaintiffs – who were all hired by Michaels – lacked standing as they could not demonstrate they suffered concrete harm.
In Spokeo, the U.S. Supreme Court ruled that in order to have standing to bring such a case, plaintiffs must have suffered a concrete and particularized injury – a requirement that is not automatically satisfied by allegations of a mere statutory violation.
"Plaintiffs allege a violation of what I have called the purely formal requirements of FCRA," the New Jersey federal judge ruled. “They do not factually allege any harm aside from the statutory violation itself."
Source: Law360.com, 1/25/2017
What Our Clients Are Saying
The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!
I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.
Our team loves working with Truescreen and the expedient, thorough service and results we get from you.
I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.