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United States District Court for the Northern District of Georgia, Atlanta Division
January 26, 2018, Decided; January 26, 2018, Filed
CIVIL ACTION FILE NO. 1:17-cv-1904-ELR-AJB
[*1362] UNITED STATES MAGISTRATE JUDGE'S NON-FINAL REPORT AND RECOMMENDATION
This matter is presently before the Court on a partial motion to dismiss the complaint as to non-resident class members, [Doc. 16], filed by Defendant Launch Technical Workforce Solutions, LLC ("Launch"), pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. For the reasons set forth below, the undersigned RECOMMENDS that the motion, [Doc. 16], be DENIED.
In the complaint, Plaintiff, on behalf of himself and all others similarly situated, asserts a claim against Launch for violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681, et seq. [Doc. 1 at ¶¶ 1, 106-10 (Fourth Claim for Relief)]. He alleges that Launch made him a conditional offer of employment, pending the successful completion of a background check; ordered a consumer report in conjunction [**2] with the background check; received a consumer report falsely stating that Plaintiff had a criminal record; and, without providing Plaintiff a copy of the report or a written description of his FCRA rights, withdrew the offer of employment. [Id. ¶¶ 6, 9, 25-69, 106-10]. He contends that "Launch typically does not provide job applicants or employees with a copy of their consumer report or a copy of their rights under the FCRA before taking adverse employment action against them based on information in such reports," [id. ¶ 65], and he therefore seeks to assert a claim under 15 U.S.C. § 1681b(b)(3)1 on his own behalf and on behalf of
All employees or prospective employees of Launch in the United States (including all territories and political subdivisions of the United States) who were the subject of a consumer report procured by Launch (or that Launch caused to be procured), which contained any negative (derogatory) information about them, and for whom Launch failed to provide that employee or prospective employee with a copy of their consumer report and/or FCRA summary of rights before Launch took adverse employment action against them, within the period prescribed by the FCRA, 15 U.S.C. § 1681p, prior to filing this action. [**3]
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
297 F. Supp. 3d 1360 *; 2018 U.S. Dist. LEXIS 28907 **; 2018 WL 1875615
DAVID SANCHEZ, on behalf of himself and all others similarly situated, Plaintiff, v. LAUNCH TECHNICAL WORKFORCE SOLUTIONS, LLC, Defendant.
Subsequent History: Later proceeding at Sanchez v. Launch Tech. Workforce Sols., LLC, 2018 U.S. Dist. LEXIS 28906 (N.D. Ga., Jan. 26, 2018)
Adopted by, Motion denied by Sanchez v. Launch Tech. Workforce Sols., LLC, 297 F. Supp. 3d 1360, 2018 U.S. Dist. LEXIS 28905 (N.D. Ga., Feb. 14, 2018)
Settled by, Judgment entered by, Class certification granted by, Dismissed by Sanchez v. Launch Tech. Workforce Sols, LLC, 2019 U.S. Dist. LEXIS 82962 (N.D. Ga., May 14, 2019)
class member, personal jurisdiction, non-resident, unnamed, class action, federal court, parties, motion to dismiss, nationwide class, class-action, named plaintiff, due process, due-process, partial, consumer report, contacts, limits, rights