Randy Pitre v. Wal-Mart Stores, Inc.

I. Background

This case arises from Defendant’s job application process, and whether its background check procedures complied with the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and the Investigative Consumer Reporting Agency Act (“ICRAA”), Cal. Civ. Code § 1786 et seq. (West 2019).

A. Facts The following facts are drawn from Plaintiffs’ First Amended Complaint (“FAC”) (Dkt. 51), the Responses and Supplemental Responses of Named Plaintiffs to Defendant’s Interrogatories (“Pitre Interrog.,” “Wilson Interrog.,” and “Walters Interrog.”) (Dkt. 63-3, Exhibits 4, 5, and 6, respectively), and Defendant’s Supplemental Responses to Plaintiffs’ Special Interrogatories (“Wal-Mart Interrog.”) (Dkt. 72-13, Ex. 10).

Each of the Named Plaintiffs applied for a job at Wal-Mart, and each was subsequently hired: Pitre in November 2015, Wilson in December 2017, and Walters in February 2014. FAC ¶¶ 4-6. Defendant is a Delaware corporation doing business in the State of California. Id. ¶ 7. Plaintiffs allege that, while evaluating Plaintiffs for employment, Defendant procured credit and background reports about Plaintiffs in violation of the FCRA and ICRAA.3 Id. ¶ 29.…