Carlos Robles, individually and on behalf of himself and others similarly situated v. Ampam Parks Mechanical Inc., A-Check America Inc., and Does 1 through 100, inclusive
Published: Dec. 19, 2015 | Result Date: Apr. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:14-cv-02362-VAP-SP Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Michael D. Singer
(Cohelan, Khoury & Singer)
Timothy D. Cohelan
(Cohelan & Khoury)
Sahag Majarian II
(Majarian Law Group APC)
Isam C. Khoury
(Cohelan, Khoury & Singer)
Defendant
Pamela Q. Devata
(Seyfarth Shaw LLP)
Timothy L. Hix
(Seyfarth Shaw LLP)
Sarah K. Hamilton
(Constangy Brooks Smith & Prophete LLP)
Facts
In December 2013, Carlos Robles applied for a job as a laborer with AMPAM Parks Mechanical Inc. He filed a class action lawsuit against Ampam and consumer reporting agency A-Check America Inc. after AMPAM obtained Robles' and other job applicants' background reports from A-Check, alleging they violated the Fair Credit Reporting Act. Robles subsequently dismissed AMPAM from the lawsuit.
Contentions
PLAINTIFF'S CONTENTIONS:
Robles contended that A-Check willfully violated the FCRA when it furnished the background reports without first providing an appropriate disclosure to the applicant and obtaining his or her written authorization.
Result
The court granted A-Check's motion to dismiss, holding that plaintiff failed to plead sufficiently that A-Check willfully breached the FCRA. Because plaintiff twice failed to allege a willful violation, the court denied Robles leave to amend.
Other Information
FILING DATE: Nov. 17, 2014.
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