Former Employee Was Not Injured By Alleged Violation Of FCRA

Limon v. Circle K Stores Inc., 2022 WL 14391789 (Cal. Ct. App. 2022)

Plaintiff Ernesto Limon was employed by Circle K (which operates gas stations and convenience stores in California) for just one month before filing this putative class action lawsuit against his former employer, alleging violation of the Fair Credit Reporting Act (FCRA).  Limon alleged that Circle K’s standard form in which it seeks a job applicant’s consent to conduct a background check violated FCRA’s “standalone disclosure” requirement because it contained “extraneous provisions” and, further, that he was “confused regarding the nature of his rights under the FCRA.”  After suing Circle K in federal court (and losing), Limon initiated this action in state court.  The trial court also dismissed Limon’s action based on Limon’s inability to establish he had suffered a concrete injury as a result of Circle K’s actions.  The Court of Appeal affirmed on the ground that Limon had not suffered a sufficient concrete or particularized injury to have standing to sue Circle K.