Court Dismisses Dave & Buster’s FCRA Background Check Suit

Gavel  

On March 29th, U.S. District Court Judge Roy B. Dalton, Jr. dismissed a proposed class action against Dave & Buster’s, Inc. for allegedly violating the Fair Credit Reporting Act (FCRA).  According to the original complaint filed earlier this year, Dave & Buster’s rescinded the plaintiff’s offer of employment based on the outcome of a background check conducted by a consumer reporting agency.  However, the plaintiff contends that Dave & Buster’s violated the FCRA by failing to provide him with a copy of the report that was the basis of the adverse decision, as well as the opportunity to dispute the report’s findings.  He also claimed that Dave & Buster’s regularly used background checks on prospective and existing employees as guidelines for taking adverse employment actions such as termination, reduction of hours, change in position, failure to hire or failure to promote, the documents said.

“This practice violates one of the most fundamental protections afforded to employees under the FCRA, and also runs counter to long-standing regulatory guidance,” the complaint said.

Dave & Buster’s argued that the plaintiff lacked standing because the company never obtained or used a consumer report in its decision not to hire him. In the response to the judge’s approval of the joint stipulation for dismissal, counsel for Dave & Buster’s stated that “there was simply no merit to the case. Dave & Buster’s complies completely with the Fair Credit Reporting Act in all aspects.”

 

 

Alvarez v. Dave & Buster’s Inc., case number 6:16-cv-00252, in the U.S. District Court for the Middle District of Florida.