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PNC Financial Services Job Applicant Consumer Reports FCRA Class Action

The Fair Credit Reporting Act (FCRA) sets rules for the use of consumer reports by potential employers. The complaint for this class action says that PNC Financial Services, Inc. and PNC Bank, NA violated the FCRA’s Stand-Alone Disclosure Requirement and Pre-Adverse Action Disclosure Requirements.

The Stand-Alone Disclosure Class for this action is all employees or prospective employees of PNC living in the US who were the subject of a consumer report procured by PNC, within the statutory period before the filing of this action, to whom PNC did not provide a Stand-Alone Disclosure before procuring a consumer report. 

The Pre-Adverse Action Class is similar, but concerns those to whom PNC failed to provide a copy of his/her consumer report and a copy of the FCRA Summary of Rights at least five business days before PNC took adverse action.

The FCRA’s Stand-Alone Disclosure Requirement states that no report can be obtained for employment purposes unless “a clear and conspicuous disclosure” is made in writing to the job applicant, “in a document that consists solely of the disclosure” that a consumer report may be obtained.

The Pre-Adverse Action Disclosure Requirements require that, before taking adverse action “based in whole or in part” on a consumer report, the employer must provide the applicant with a copy of the report and of the applicant’s rights under the FCRA.

Plaintiffs Stephen Rossini and Matthew Kane each applied for a position with PNC. The complaint claims that neither was given a stand-alone disclosure. 

According to the complaint, PNC has a standard employment application that contains questions about various topics. Among them, it says this: “As part of our selection process, the PNC Financial Services Group, or any of our affiliates, may conduct employment, credit and criminal background checks. Do you authorize PNC to perform these checks?” 

Farther on, the application contains several paragraphs warning that PNC cannot employ persons who have certain events in their backgrounds, including problems with “dishonesty, breach of trust or money laundering…” It also warns that the bond covering employees forbids PNC from hiring “individuals who have committed any act of dishonesty even if not convicted of a crime.”

When PNC decides to proceed with an applicant, it extends a job offer contingent on a good report. Then it hires First Advantage Corporation (FADV) to provide the report and a drug test. The complaint says that if FADV decides the subject does not meet PNC’s qualifications, FADV deems the applicant as “ineligible for hire.” PNC then reviews the information, the complaint says, and decides whether to proceed with the hiring or not. 

The complaint alleges that FADV deemed both plaintiffs ineligible because of criminal history and that the company then rescinded its job offers. Neither was given a copy of the report or a written description of their rights under the FCRA before the adverse action was taken.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

PNC Financial Services Job Applicant Consumer Reports FCRA Complaint

October 12, 2018

The Fair Credit Reporting Act (FCRA) sets rules for the use of consumer reports by potential employers. The complaint for this class action says that PNC Financial Services, Inc. and PNC Bank, NA violated the FCRA’s Stand-Alone Disclosure Requirement and Pre-Adverse Action Disclosure Requirements.

pnc_financial_fcra_complaint.pdf

Case Event History

PNC Financial Services Job Applicant Consumer Reports FCRA Complaint

October 12, 2018

The Fair Credit Reporting Act (FCRA) sets rules for the use of consumer reports by potential employers. The complaint for this class action says that PNC Financial Services, Inc. and PNC Bank, NA violated the FCRA’s Stand-Alone Disclosure Requirement and Pre-Adverse Action Disclosure Requirements.

pnc_financial_fcra_complaint.pdf
Tags: FCRA, Failure to Provide Pre-Adverse Action Notification, Failure to provide proper notice and/or obtain proper authorization