Cases & Deals

UPS defeats putative FCRA class action

Client(s) United Parcel Service, Inc.

A Ninth Circuit panel unanimously affirmed the dismissal of a putative class action filed against Jones Day’s client United Parcel Service, Inc. ("UPS") under the Fair Credit Reporting Act ("FCRA"). Following briefing and oral argument, the court adopted Jones Day's position, agreeing that UPS's disclosure to job applicants that it would procure background reports contained no extraneous information and thus complied with FCRA. In doing so, the court resolved in employers' favor several issues of first impression at the federal appellate level concerning the meaning and scope of FCRA as applied to electronic disclosures. This litigation followed a similar action in the California state courts, which likewise rejected the plaintiffs’ arguments in a case called Moore v. UPS.

Wynn v. United Parcel Service, Inc., No. 3:21-cv-10029 (N.D. Cal.)