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Sunday, April 28, 2024

Background check process at Lowe's faces class action lawsuit

Lawsuits
Lowes

PHOENIX (Legal Newsline) - An unhappy job applicant has filed a class action lawsuit against Lowe's over alleged violations of the Fair Credit Reporting Act.

Justin Downing and an attorney Penny Kopke of Maxwell & Morgan in Mesa, Ariz., filed a lawsuit Sept. 8 in Phoenix federal court against Lowe's and First Advantage Corporation. It alleges Lowe's failed to provide notice and disclosures to its applicants and employees, while First Advantage failed to ensure the information in consumer reports was accurate.

"That is, Lowe's provides a single disclosure that includes extraneous information regarding Lowe's supposed ability to obtain consumer reports regarding the applicant's children/wards," the suit says. 

"The inclusion of such extraneous information overshadows the consumer report disclosure and renders the disclosure confusing to Plaintiff and to any reasonable person."

Meanwhile, First Advantage was providing Lowe's with consumer reports with outdated information that adversely affected class members' attempts to gain employment, the suit says.

Downing had three guilty pleas set aside in November 2020, though First Advantage furnished a report containing three past criminal convictions with "the disposition stated as 'guilty,'" the suit says.

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