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Background Check Suits: Whole Foods Class Action to Continue

In a previous blog I discussed the multiple class actions that are pending and which address the issue of the Fair Credit Reporting Act requirements in connection with on-line employment applications.

One of those cases involving Whole Foods Market Group will continue past the motion to dismiss stage.  On March 30, Senior Federal Judge Richard A. Lazzara in the Middle District of Florida (Tampa Division) refused to dismiss the case, based on the allegation in the Complaint.  The Court held that "if the disclosure and the consent forms combined and read as one document with the waiver and release included simultaneously with the disclosure, the complaint states a claim for relief."