“Pepsi either knew or recklessly failed to know the disclosure requirements of [the FCRA] and that its acts in procuring or causing to be procured a consumer report regarding plaintiff and other class members without providing the required disclosure to them was facially contrary to the express language of [the act] and all administrative guidance available and violated the law,” the complaint states.

The proposed nationwide class seeks to represent all individuals in the past two years who Pepsi had run a background check on without first providing them with necessary notifications required by the FCRA. The class could include upwards of 1,000 individuals.

Source: Law360.com, 9/13/2017