District Court Denies Motion to Strike in FCRA Background Check Class Action


In Fosbrink v. Area Wide Protective, Inc., William Fosbrink sued defendant Area Wide Protective in a class action complaint for allegedly violating the Fair Credit Reporting Act’s provisions regarding employment background checks.  According to Fosbrink, Area Wide violated the FCRA in three ways: (1) it failed to provide him with a stand-alone disclosure informing him that it would obtain a background check; (2) it failed to properly obtain his authorization to procure a background check; and (3) it failed to provide him with a copy of his background check before taking adverse action.  In response, Area Wide brought a motion to strike the class allegations prior to any discovery, which the Court rejected.