The CCRAA Class is all persons who live in California who applied for aa position with synergy and filled out the Authorization for Background Checks form between Augand the date of trial in this case. The ICRAA Class is all members of the FCRA Class who live in California.The FCRA Class is all persons in the US who applied for a position with Synergy and filled out the Authorization for Background Checks form between Augand final judgement in this case.Three classes have been defined for this action. Under California law, the complaint says, if a company wants to obtain additional reports at a later date, it must make a disclosure to, and get written authorization from, the person each time. This is what is known as an “evergreen consent,” which the complaint claims is illegal. Also, the disclosure for an investigative consumer reports should disclose “that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living … may be made…”įor another example, the document says, as a proposition the signer must agree to, “I understand that the company may rely on this authorization to order additional background reports, including investigative consumer reports, during my employment without asking me for my authorization again as allowed by law.” The FCRA requires a separate disclosure for each. The document also required agreement with other propositions, not all of which were legally permitted.įor example, the document refers generally to “background reports,” but this term includes both consumer reports and investigative consumer reports. However, the document given to Raub contained quite a bit of other information. The FCRA requires that parties who intend to obtain a consumer report on a person provide a “clear and conspicuous” disclosure of that fact, in writing, in a document that consists “solely of the disclosure” and that the person authorize the background check in writing. As part of the process, Synergy gave her a document entitled “Authorization for Background Checks” in preparation for doing a background check on her.Īt the time, she did not know there was anything wrong with the document, but she discovered it in her personnel file during the past two years. Plaintiff Michelle Raub applied for a job with Synergy in December 2015 in San Diego County, California. Call Us: 80 The Modern Mortgage Experience Find out how much you can save by taking advantage of low mortgage rates & refinancing your home. Synergy One Lending is consistently recognized as one of the nation’s top mortgage companies year after year. violated the FCRA and California state laws in the document it used to get authorization for background checks. The complaint for this class action alleges that Synergy One Lending, Inc. Our team members are available Monday Friday 8:00 am 9:00 pm ET and Saturday 8:00 am 12:00 pm ET to help you. If you have questions about your loan with Synergy One Lending and would like to speak to someone, please give us a call at (855) 648-4820. Companies may request consumer reports on employees or prospective employees, but only according to the Fair Credit Reporting Act (FCRA), which has requirements for authorization and use of such reports. 3131 Camino Del Rio N 150 San Diego, CA 92108 (855) 648-4820.
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