NEW YORK (Legal Newsline) – A New York woman alleges she was unlawfully denied improvement due to information on a credit report.
Jane Doe, on behalf of herself and others similarly situated, filed a complaint on June 13 in the U.S. District Court for the Southern District of New York against Cross County Healthcare Inc.; Optimal Workforce Solutions LLC and Medical Staffing Network Inc. over alleged violation of the Fair Credit Reporting Act.
According to the complaint, the plaintiff contends that the defendants systematically violate the FCRA by using consumer reports to take adverse employment actions without, beforehand, providing sufficient and timely notification to individuals. She alleges this action leaves individuals without any opportunity to correct errors on the report.
The suit states the plaintiff was denied employment at Westchester Medical Center because of a background screen provided by Accutrace. She alleges the report included an offense that took place when she was minor for which she was not convicted and was ordered sealed years before the report.
The plaintiff allege the defendants failed to provide consumers the required pre-adverse action notice, a copy of the consumer report, and a written description of the consumer’s rights under the FCRA, thereby denying the class sufficient time to be able to review and dispute the report before taking adverse action on their employment applications.
The plaintiff requests a trial by jury and seeks judgment for actual, statutory and punitive damages; pre- and post-judgment interest; attorneys' fees; costs; and such other relief as the court deems just and proper. She is represented by Adam G. Singer of Law Office of Adam G. Singer PLLC in White Plains, New York and by James A. Francis and David A. Searles of Francis & Mailman of Philadelphia, Pennsylvania.
U.S. District Court for the Southern District of New York case number 7:18-cv-05333-VB