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Consumer Law
Fair Credit Reporting Act
Failure to Make Proper Disclosure

Brittany Wynn, on behalf of herself and all others similarly situated v. United Parcel Service Inc., and Does 1 through 50, inclusive

Published: Jun. 9, 2023 | Result Date: Mar. 1, 2023 | Filing Date: Dec. 28, 2021 |

Case number: 3:21-cv-10029-CRB Bench Decision –  Dismissal

Judge

Charles R. Breyer

Court

USDC Northern District of California


Attorneys

Plaintiff

C. Shaun Setareh
(Setareh Law Group )

William M. Pao
(Setareh Law Group )

Nolan E. Dilts
(Setareh Law Group )


Defendant

Madeline Clark
(Jones Day)

Aileen H. Kim
(Jones Day)

Jacob M. Roth
(Jones Day)

John A. Vogt
(Jones Day)


Facts

Brittany Wynn brought a class action complaint against United Parcel Service Inc. and others. The class included "All of defendants' current, former, and prospective applicants for employment in the United States who applied for a job with defendants for whom a background check was performed at any time during the period beginning five years prior to the filing of this action and ending on the date that final judgment [was] entered in this action."

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated the Fair Credit Reporting Act by including extraneous information on the disclosure it provided employees indicating it might obtain their consumer report. Specifically, defendants routinely acquired consumer reports to conduct background checks on plaintiff and other prospective employees and used information from consumer reports in connection with their hiring process without providing proper disclosures and without obtaining proper authorization in compliance with the law.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The case was dismissed.


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