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Home Depot Disclosure for Applicant Consumer Report FCRA Class Action

Did Home Depot USA, Inc. violate the Fair Credit Reporting Act (FCRA) in its dealings with prospective employees? The complaint for this class action says it did in that it did not have a form that met the requirements of the law to inform prospective employees that it would be conducting a background check on them. 

The class for this action is all job applicants who signed Home Depot USA, Inc.’s standard FCRA form, at any time between April 24, 2014 and the present.

Home Depot sells home improvement and installation goods and services, including lumber, flooring, lighting, plumbing items, lawn and garden products, and home décor, for use by both professional contractors and do-it-yourself-ers.

In June 2017, plaintiff Steven Ford applied for work at a Home Depot in San Diego. Home Depot wanted to obtain a consumer report on him. 

The FCRA requires that, before a company obtains a consumer report for employment purposes, it must provide a disclosure to the person whose report it means to ask for and obtain authorization from the person. The FCRA also requires that the disclosure be “clear and conspicuous” and on a standalone document, not buried in the middle of other information.

Ford was given the company’s standard FCRA form. The form consisted of both a disclosure and an authorization for Ford to sign. The complaint alleges that the form does not meet the requirements of the law in two ways: the disclosure is not “clear and conspicuous” and it is not in a standalone document.

First, the complaint says, the document is cluttered with “various inapplicable state disclosures.” 

Second, it contains a web address for a page supposedly entitled “LexisNexis Privacy Facts” which the complaint says contains “virtually no privacy facts, and certainly no facts pertaining to the FCRA. Instead, the webpage is a directory that contains, for each of the 50 states (and Puerto Rico), a link to a page within the website for that state’s Attorney General (or equivalent) and that state’s Department of Motor Vehicles (or equivalent.” The complaint says that this is extraneous information.

Third, the document includes a reservation of rights for Home Depot, saying, “Finally, notwithstanding anything else in this document, Home Depot reserves the ability to avail itself of any rights under any applicable federal, state, or local law, including the Fair Credit Reporting Act, as amended.”

The complaint says that all this extraneous information, including the state disclosures, creates confusion about what rights apply in the situation. 

A copy of the form was attached to the original complaint when it was filed.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Home Depot Disclosure for Applicant Consumer Report FCRA Complaint

April 24, 2019

Did Home Depot USA, Inc. violate the Fair Credit Reporting Act (FCRA) in its dealings with prospective employees? The complaint for this class action says it did in that it did not have a form that met the requirements of the law to inform prospective employees that it would be conducting a background check on them. 

home_deport_fcra_complaint.pdf

Case Event History

Home Depot Disclosure for Applicant Consumer Report FCRA Complaint

April 24, 2019

Did Home Depot USA, Inc. violate the Fair Credit Reporting Act (FCRA) in its dealings with prospective employees? The complaint for this class action says it did in that it did not have a form that met the requirements of the law to inform prospective employees that it would be conducting a background check on them. 

home_deport_fcra_complaint.pdf
Tags: FCRA, Failure to provide proper notice and/or obtain proper authorization