A class action lawsuit has been filed against Starbucks by a Georgian mans Named Kevin Willis. The plaintiff claims Starbucks did not properly handle its responsibilities under the Fair Credit Reporting Act. The man had applied for employment but was denied due to issues found during his background check. It turns out that the report was about a different man with a similar name in a different state.
Starbucks allegedly failed to supply Mr. Willis with a copy of the report, thereby denying him his right to refute and correct the inaccuracies. This suit could have wider implications for other applicants who were not hired based on potentially inaccurate background checks.
The suit claims that a background check constitutes a consumer report which would be regulated under the federal Fair Credit Reporting Act. The FCRA gives specific guidelines for how consumer reports are to be used for employment purposes. One of these requirements is that potential employees are entitled to a copy of the report.
These requirements are specifically meant to give applicants a chance to explain their contents in cases just like this.
Willis had applied for the job at Starbucks in Buford, Georgia in September of 2015. Starbucks requests their background checks from Accurate Background Inc. When Willis informed the hiring manager of the mistake, he was told to speak with Accurate Background Inc.
Kevin Willis seeks statutory damages which range between $100 to $1000 per violation of the Fair Credit Reporting Act.