The lawsuit is known as Boskie v. Backgroundchecks.com LLC, No. 2019CP3200824. Judge Walton J. McLeod, IV of the Court of Common Pleas for the State of South Carolina, Lexington County, is overseeing this case. The people who sued are named George Boskie, Hadel Toma and Terry Keller. They are called “Plaintiffs”, the company sued is the “Defendant.” The Defendant is backgroundchecks.com LLC.
What the Plaintiffs Claim
Plaintiffs claim Defendant violated the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”) when it provided criminal record data to consumer reporting agencies, which used that data in some manner when preparing background check reports for third parties, including employers. Specifically, Plaintiffs allege that this sale of data by the Defendant (1) were consumer reports under the FCRA, and (2) Defendant failed to follow certain FCRA requirements that apply to consumer reports.
In addition to the claim described above, Plaintiff George Boskie and Defendant have reached a Class Settlement related to other allegations in the complaint. Specifically, Plaintiff Boskie contends that the Defendant violated the FCRA by reporting to HomeAdvisor, Inc. records other than convictions of crimes with a disposition date more than seven years before the date of the report. The settlement of these other allegations is referred to as the “HomeAdvisor Class Settlement”. If you are a member of the HomeAdvisor Class, you will receive a notice in the mail, which provides information with respect to the HomeAdvisor Class Settlement.
How the Defendant Responded
The Defendant has denied all claims in the Lawsuit. Defendant contends that it acted lawfully and that the FCRA does not apply to much of its conduct. Where the FCRA does apply, Defendant contends it acted in compliance with the FCRA at all times.
Why the Parties Propose to Settle
The Court did not decide whether the reports were consumer reports, whether the FCRA applied in whole or in part, or that either side was right or wrong. Instead, both sides agreed, in order to avoid the burden, expense, risk and uncertainty of continuing the litigation, to resolve the case and agree to the Settlement.