Home Depot Faces FCRA Class Action Lawsuit Over Background Check Consent Forms

On August 4, 2017, a class action lawsuit filed in California federal court against Home Depot USA Inc. claimed the home improvement retailer willfully violated the Fair Credit Reporting Act (FCRA) with allegedly improper disclosures and authorizations on background check consent forms.

The complaint claims background check consent forms that allegedly authorized Home Depot to screen applicants included a liability waiver. Under FCRA section 1681b(b)(2)(A), employers procuring a background check report for employment purposes must make sure that:

  • (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

  • (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.

The Plaintiff, Katherine Saltzberg, claims she signed a background check consent form when applying to work for Lifetime Solutions Inc. – a water treatment company that offers services to Home Depot customers – and had to sign the waiver as a condition of the background check. FULL STORY