Rocheleau v. Elder Living Constr., LLC

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On September 15, 2011, Elder Living ordered a background screening report on Rocheleau from First Advantage's predecessor, in conjunction with Rocheleau’s application for employment. The search disclosed criminal convictions matched to Rocheleau’s name and birth date. On September 16, First notified Rocheleau that it was reporting information derived from his public record and to direct any questions to its disclosure center. Days later, it sent another notice, advising that information from Rocheleau's report “may adversely affect [his] employment status” and that he was entitled to dispute it. The notice included a summary of rights under the Fair Credit Reporting Act, 15 U.S.C. 1681. On September 26, First notified Rocheleau that he had not been hired again advising Rocheleau of dispute procedures. Rocheleau contends that Elder shared the report with his then-employer, which terminated his employment. Rocheleau contacted First and complained that he had not authorized the report's release; he did not dispute its accuracy. On November 25, 2013, Rocheleau filed suit under FCRA, claiming that Elder obtained the report without his permission or notifying him that adverse action could result; that neither First nor Elder issued certifications mandated by statute; and that First failed to adhere to required “strict procedures” in releasing his information. The Sixth Circuit affirmed rejection of the claims as time-barred under the two-year limitations period. View "Rocheleau v. Elder Living Constr., LLC" on Justia Law