Harris
Harris v. Home Depot U.S.A., Inc.
Opinion
Lead Opinion
Chhabria, J.
ORDER DENYING MOTION TO DISMISS
As applicable here, the Fair Credit Reporting Act (“FCRA”) prohibits an employer from procuring a consumer report on a job applicant without first disclosing the background check to the applicant and getting authorization for it. The employer must disclose the background check to the applicant “in a document that consists solely of the disclosure.” 15 U.S.C. § 1681b(b)(2)(A). Terria Harris brings this proposed class action alleging that Home Depot violated the FCRA by obtaining a pre-employment background checks without a proper written disclosure. She contends the disclosure document that Home Depot made her sign did not consist “solely.of the disclosure,” -but rather included language by which.Harris released Home Depot of any liability that it might incur in connection with the background check.
Home Depot moves to dismiss the lawsuit on three grounds. The motion is denied.
1. It’s not obvious from the face of the complaint that Harris’s FCRA claim is barred by the statute of limitations. Home Depot argues that Harris became aware of the facts constituting the FCRA violation on the date she signed the disclosure/release form, -and contends she…