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Burger Chain Faces FCRA Class Action Lawsuit Over Background Checks


A potential class action lawsuit brought by a former employee against Five Guys claims the popular burger chain violated the federal Fair Credit Reporting Act (FCRA) and California labor law by conducting background checks on employees without properly notifying them, according to a report from BigClassAction.com.

BigClassAction.com reports that the plaintiff, Jeremy R. Lusk, claims Five Guys “regularly secured credit and background reports on employees, conducted background checks on potential, current, and former employees, and used this information to make hiring decisions without providing clear disclosures.”

Lusk claims that Five Guys violated the FCRA – which promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies – and California’s Consumer Credit Reporting Agencies Act (CCRAA) and Investigative Consumer Reporting Agencies Act (ICRAA).

BigClassAction.com reports that Lusk seeks to represent several classes, including an FCRA class of all current, former and prospective employees in the United States over the last five years and ICRAA and CCRAA classes of California workers and applicants within the last five and seven years, respectively. FULL ARTICLE

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