Kohl's Beats Employees' FCRA Background Check Claims

Law360, New York (October 5, 2015, 6:12 PM EDT) -- A California federal judge agreed Monday to dismiss a proposed class action accusing Kohl's Department Stores Inc. of improperly running background checks on job applicants, finding that two former employees who filed the suit failed to demonstrate any willful violations of the Fair Credit Reporting Act.

U.S. Magistrate Judge Joseph C. Spero dismissed four of the plaintiffs' five claims with leave to amend but dismissed their California Consumer Credit Reporting Agencies Act claim with prejudice after the plaintiffs acknowledged it should be thrown out.

Plaintiffs Kayonie Coleman and Diane Pemberton said Kohl's violated the FCRA's "clear and conspicuous" and standalone requirements...

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