SAN DIEGO (Legal Newsline) – A California woman is suing a consumer reporting agency and a global diagnostic device and service provider after she allegedly lost a job opportunity because of an inaccurate background check.
Virginia Abrogina, individually and for all others similarly situated, filed a class-action lawsuit on Feb. 5 in San Diego County Superior Court, Central Division against Kentech Consulting Inc., Alere Inc., and Does 1-10, alleging violations of the Fair Credit Reporting Act and the California Labor Code.
The suit states Abrogina lost a valuable employment opportunity at Alere as a result of an inaccurate background check report, furnished by Kentech, which disclosed incomplete and outdated information regarding a conviction that had allegedly been expunged from Abrogina's record.
As a result, Abrogina allegedly suffered significant financial harm and emotional distress.
Abrogina seeks statutory, compensatory, special, general, and punitive damages, plus interests, injunctive relief, attorney fees and costs of the suit. She is represented by attorney Devin H. Fok of DHF Law in Pasadena, California. Kentech is represented by Marc J. Zimet and Landon R. Schwob of Jampol Zimet in Los Angeles.
The defendant filed March 17 to remove the case to federal court.
U.S. District Court for the Southern District of California Case number 3:16-cv-00662-DMS-WVG