Thursday, November 1, 2018
Stanford University is adverse a new FCRA chic activity with, potentially, over a thousand chic members. And it’s not the aboriginal time Stanford has faced these claims.
According to the chic activity complaint in Richards v. Leland Stanford Junior University et al, Theresa Richard activated and was assassin to assignment as a dining anteroom artisan at Stanford University. During the appliance process, Ms. Richard completed Stanford’s accepted appliance form, which acceptable Stanford to access a customer address on the Ms. Richard’s background. The article in catechism provided:
I accredit a absolute analysis of my above-mentioned employment, apprenticeship background, bent almanac and, area applicative to a position, acclaim analysis and/or active record. I accede to abet in such an investigation, to assassinate any accord forms appropriate in affiliation with those investigations, and absolution anatomy [sic] all accountability and albatross all bodies or entities requesting or bartering such information. I accept that appliance is codicillary based on analysis results.
Ms. Richard’s chic activity complaint alleges that Stanford both bootless to accomplish a able acknowledgment and bootless to get able allotment beneath the Fair Acclaim Reporting Act. Specifically, Ms. Richard cites to 15 U.S.C. § 1681b(b)(2)(A)(i) and (ii), which provides:
Except as provided in subparagraph (B), a being may not annex a customer report, or account a customer address to be procured, for appliance purposes with account to any consumer, unless–
a bright and apparent acknowledgment has been fabricated in autograph to the customer at any time afore the address is acquired or acquired to be procured, in a certificate that consists alone of the disclosure, that a customer address may be acquired for appliance purposes;
the customer has accustomed in autograph (which allotment may be fabricated on the certificate referred to in article (i)) the accretion of the address by that person.
15 U.S.C. § 1681b(b)(2)(A)(i). The complaint seeks approved amercement of up to $1,000 per violation, castigating damages, attorney’s fees and costs. Stanford’s acknowledgment actuality may be significant: Ms. Richard’s claims advance potentially bags of violations of the Fair Acclaim Reporting Act and added than one thousand chic members.
Notably, this isn’t the aboriginal time that Stanford has faced FCRA claims for the disclosures in their appliance forms. In 2015, Stanford faced absolutely the aforementioned claims from addition employee.
In Lagos v. Leland Stanford Junior Univ., the plaintiff brought a chic activity complaint, asserting the aforementioned FCRA claims as Ms. Richards. Lagos survived a motion to aish in that case. No. 5:15-CV-04524-PSG, 2015 WL 7878129, at *2 (N.D. Cal. Dec. 4, 2015). Ms. Richard’s Complaint purports to accompany the chic activity on account of herself and all individuals for whom a customer address was acquired by Stanford for appliance purposes dating aback to August 16, 2015 – the aforementioned ages Lagos filed his chic activity Complaint adjoin Stanford.
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