Our firm is actively defending a national banking association in a case involving a group of 12 former employees who filed suit after their employment was terminated due to the existence of disqualifying criminal convictions on their background check reports.
The plaintiffs initially asserted federal claims arising under the Fair Credit Reporting Act (FCRA) and the Racketeer Influenced and Corrupt Organizations Act (RICO). The Court granted our motion to dismiss these claims on the grounds they were untimely under the applicable statutes of limitations, eliminating the possibility of the plaintiffs recovering attorneys’ fees. The case is currently proceeding on the plaintiffs’ remaining state law fraud and promissory estoppel claims.