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 1 first obtaining a certification that the employers made the required disclosure to, and received 2 authorization from, prospective employees, in violation of 15 U.S.C. § 1681b(b)(1). Id. ¶¶ 20–27. 3 On an unspecified date, Plaintiff applied for employment with Smith and Noble, LLC 4 (“Smith and Noble”). Id. ¶ 19. Plaintiff claims that after Plaintiff applied for employment, 5 Defendant performed a background investigation of Plaintiff. Id. However, Plaintiff alleges that 6 Defendant never obtained a certification from Smith and Noble that Smith and Noble had 7 disclosed the existence of, and received Plaintiff’s authorization for, the background investigation, 8 as required by 15 U.S.C. § 1681b(b)(1). Id. 9 B. …