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First Advantage’s Fingerprint Background Check Service Alleged to Violate FCRA

Caddell & Chapman represents a putative Class of persons who were the subject of FBI Fingerprint Background Checks performed by Defendant First Advantage Background Services Corp. (“First Advantage”). The suit alleges that First Advantage’s Fingerprint Background Checks violated the federal Fair Credit Reporting Act (“FCRA”). To protect citizens who have kept their records clean for at least seven years from the potential lifelong consequences of having arrests or dismissed charges on their records, FCRA-regulated Consumer Reporting Agencies (“CRAs”) may not furnish nonconviction adverse information if it antedates the report by more than seven years. 15 U.S.C. § 1681c(a).

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    The suit alleges that, in violation of this law, First Advantage has a regular policy and practice of communicating information about job-seekers’ complete, life-long criminal history, including arrests, dismissed charges, and other items that do not reflect any actual criminal conviction, from the Federal Bureau of Investigation (“FBI”) fingerprint database to potential employers with no time limitation.

    Plaintiff seeks to recover statutory damages of $100-$1,000 per violation on behalf of all persons who were the subject of First Advantage FBI Fingerprint Background Check reports containing non-conviction criminal history over 7 years old. Plaintiff also brings similar claims under the California Investigative Consumer Reporting Agencies Act (“ICRAA”). First Advantage denies that its FBI Fingerprint Background Check reports are “consumer reports” and denies that they are subject to FCRA’s requirements.

    Caddell & Chapman believes that no one who has kept a clean record for over 7 years should be denied employment based on an obsolete arrest or dismissed charge. If you have been injured by First Advantage’s reporting an arrest, dismissed charge, or other non-conviction item of criminal history over 7 years old, we would appreciate hearing from you.

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