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Meeks v. US Bank

United States District Court, E.D. Missouri, Eastern Division

February 19, 2019

AMBER MEEKS, Plaintiff,
v.
US BANK Defendant.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE.

         This case is before the Court on Defendant's Motion to Dismiss, [Doc. No. 5], Plaintiff opposes the motion. For the reasons set forth below, the Motion will be denied.

         Facts and Background[1]

         On December 13, 2017, Plaintiff applied to Defendant for a position of employment. As part of its employment application process, Defendant requires potential employees such as Plaintiff to submit to a background check wherein information pertaining to character, general reputation, personal characteristics and/or mode of living are reviewed and used to determine, together with other factors, whether to hire an applicant.

         On December 27, 2017, Defendant advised Plaintiff it would be performing a background check on Plaintiff. On December 28, 2017, Defendant communicated to Plaintiff an offer of employment conditioned on Plaintiff passing a background check. In conducting a background check of Plaintiff, Defendant obtained from FIRST ADVANTAGE BACKGROUND SERVICES CORP., a consumer report, as that term is defined by 15 U.S.C. §1681a(d), regarding Plaintiff. The consumer report was to be used by Defendant to assist in determining Plaintiff's fitness for the position applied for, and to assist in determining whether to hire Plaintiff for a position of employment.

         After receiving and reviewing the consumer report obtained regarding Plaintiff, Defendant intended to deny Plaintiff the employment opportunity based in whole or in part on the consumer report.

         Prior to January 22, 2018, Defendant made a determination not to hire Plaintiff. On January 22, 2018, Defendant sent Plaintiff an email correspondence in which it apprised Plaintiff that she did not pass the background check.

         At no time after making the determination not to hire Plaintiff did Defendant provide any oral, written, or electronic notice to Plaintiff of the name, address and telephone number of the consumer reporting agency that furnished the consumer report to Defendant that was used in whole or in part to deny Plaintiff employment.

         At no time after making the determination not to hire Plaintiff did Defendant provide Plaintiff oral, written, or electronic notice of the Plaintiff's right to obtain a free copy of the report on Plaintiff from the consumer reporting agency that furnished the consumer report to Defendant that was used in whole or in part to deny Plaintiff employment.

         Prior to taking any action on Plaintiff's employment application to deny Plaintiff the employment opportunity, Defendant failed to provide Plaintiff a copy of the consumer report to Plaintiff.

         Prior to taking any action on Plaintiff's employment application to deny Plaintiff the employment opportunity, Defendant failed to provide to Plaintiff a description in writing of the rights of Plaintiff under the FCRA.

         Plaintiff contends that Defendant's conduct as delineated above was willful and a reckless disregard for the law and the rights of the Plaintiff. Plaintiff further alleges that Defendant's actions were in violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.

         Defendant moves to dismiss the Complaint for failure to state a claim, pursuant to Rule 12(b)(6) of the ...


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