Robbie Hargett Jan. 19, 2016, 2:18pm


JEFFERSON CITY, Missouri (Legal Newsline) – A St. Louis man is suing a sporting goods retailer, alleging he was fired based on information in a consumer report.

Cornell Colton, individually and for all others similarly situated, filed a class action lawsuit Dec. 2, 2015 in Cole County Circuit Court against Hibbett Sporting Goods, alleging violations of the Fair Credit Reporting Act (FRCA). He later filed Jan. 4 to have the case removed to U.S. District Court for the Western District of Missouri because it involves a federal question.

According to the complaint, Hibbett routinely uses information in consumer reports to conduct background checks on and make decisions regarding prospective and existing employees. Hibbett offered Colton a job in June 2015, the suit says, but was called into the manager's office on the first day and told he had been convicted of assault, information that allegedly came from a Talx Corporation consumer report obtained by the defendant.

Colton was then told he could no longer work for Hibbett and had to leave the store immediately, according to the suit. The suit alleges Hibbett violated the FCRA by failing to provide the plaintiff with a copy of the consumer report, a reasonable notice period in which to challenge any inaccuracy in the report or a written description of rights under the FCRA prior to adverse action. 

Colton and others in the class seek statutory and punitive damages, attorney fees and costs of the suit. They are represented by attorneys Charles Jason Brown and Jayson A. Watkins of Brown & Associates in Gower.

U.S. District Court for the Western District of Missouri Case number 2:16-CV-04002-NKL

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