Driver Files Lawsuit Against Transportation Company Over Background Checks

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A truck driver has filed a class action complaint against a transportation company based in Arizona for allegedly violating the Fair Credit Reporting Act. Selection.com President, James Boeddeker, stresses the importance of using release forms and properly notifying applicants of their rights.

Transportation Industry Background Checks
This should serve as an important reminder to all companies, that it’s important to follow all laws related to the Fair Credit Reporting Act.

This story was originally reported on 07/26/2013 by LandLineMag.com.    The class action suit is filed in the US District Court, Eastern District of Virginia Case number 3:13-cv-00473-JAG. Details on the case can be found on Wolters Kluwer Law & Business website Here. This Site makes no warranties or representations in connection therewith.

According to the article on Land Line Magazine’s website, a truck driver has filed a class action complaint against a transportation company alleging the Arizona-based company violated the Fair Credit and Reporting Act. The allegations are that the company failed to properly disclose its hiring practices, including background checks. According to court documents, James Ellis III, the named plaintiff in the class action complaint, applied for a driving job with the transportation company on or around May 15, 2012. The company then procured his consumer report and criminal background check allegedly without his consent.

The Land Line Mag website further reports that Ellis claims the company immediately disqualified him from further consideration for employment after receiving the information obtained in his criminal background report. In the lawsuit, Ellis alleges that the company, “…does not provide or obtain an appropriate disclosure and authorization from job applicants… prior to acquiring these criminal background reports.” He also claims that the company did not notify him that he could obtain a free copy of the consumer report within 60 days and that he could dispute the “accuracy or completeness of the information contained in the consumer report directly with the consumer reporting agency.”

James Boeddeker, President of Selection.com, a leading provider of criminal background checks and pre-employment drug screenings stated, "This should serve as an important reminder to all companies, that it’s important to follow all laws related to the Fair Credit Reporting Act. A release form must be signed, prior to securing a consumer report. If the report contains information that may prevent hire, notice of the applicant’s rights along with pre-decision and adverse action letters, must be sent with enough time to allow for the applicant to dispute information being reported on them." He added, “Selection.com tries to make that process as easy as possible for our clients including the option to have us mail the letters for them.”

Selection.com was started in 1991 in Cincinnati, Ohio. Selection.com provides a full range of employee screening background check reports including criminal background checks, employment verifications, education verifications, drug screenings and professional license verifications.

For further questions or to schedule an interview, contact Carl Brown at 513-522-8764.

Photo is used with permission from iStockPhoto.

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Carl Brown
Selection.com
513-522-8764 3030
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