Fifer

I. BACKGROUND

22 A. Factual Background 23 Plaintiff is a California resident. FAC ¶ 5. Defendant is a Colorado corporation that 24 routinely does business in California. Id. ¶ 6. Defendant creates credit and background reports 25 that Defendant then provides to employers who use these reports in connection with their hiring 26 decisions. Id. ¶ 2. Plaintiff alleges that Defendant provides these reports to employers without 27 1 first obtaining a certification that the employers made the required disclosure to, and received authorization from, prospective employees, in violation of 15 U.S.C. § 1681b(b)(1). Id. ¶¶ 20–27. On an unspecified date, Plaintiff applied for employment with Smith and Noble, LLC (“Smith and Noble”). Id. ¶ 19. Plaintiff claims that after Plaintiff applied for employment, Defendant performed a background investigation of Plaintiff. Id. However, Plaintiff alleges that Defendant never obtained a certification from Smith and Noble that Smith and Noble had disclosed the existence of, and received Plaintiff’s authorization for, the background investigation, as required by 15 U.S.C. § 1681b(b)(1). Id. B. …