A lawsuit against an ambulance services company, EasCare LLC, has been revived by the Massachusetts Court of Appeals, concerning Fair Credit Reporting Act claims relating to the company’s background check process. This suit was brought forward by a former employee, Nicole Kenn.
The case was previously dismissed by a district court due to perceived lack of subject matter jurisdiction. However, the appeals court has since found that this dismissal was an error.
The court reaffirmed a key principle under the Fair Credit Reporting Act, that “any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer” for actual or nominal damages.
The outcome of this case may set a significant precedent for cases revolving around the FCRA, its interpretation, and the responsibilities of companies in relation to the Act.