Pitre

STATEMENT OF THE CASE

In June 2017, Pitre filed the underlying complaint against Walmart on behalf of himself and the class of all others similarly situated. He alleged that he was a former Walmart employee. According to the complaint,

2 when Pitre (and others) applied for employment, Walmart ran a background check that included a credit report. In seeking authorization for that credit check from the prospective employee, Walmart allegedly failed to provide a disclosure that complied with the FCRA. In particular, the FCRA requires that employers provide a stand-alone disclosure regarding the credit check without any extraneous information, which, according to Pitre, Walmart did not do—Walmart’s disclosure included extraneous information. Pitre alleged the failure was willful. Pitre also alleged that Walmart failed to provide a “Summary of Rights” as required by the FRCA. Finally, Pitre alleged similar state law claims. The following month, Walmart removed the action to federal court. The federal district court dismissed the state law claims but certified a class to pursue the federal claims. The court also granted Pitre’s motion to add two additional named plaintiffs. Walmart…