J.R. Simplot alleged to have failed to provide disclosures for consumer reports

By Noddy A. Fernandez | Oct 8, 2018

SAN JOSE – An individual alleges his former employer acquired consumer reports from employees without proper disclosures and also violated some labor codes.

Luis Arroyo, on behalf of himself and all others similarly situated filed a complaint on Oct. 4 in the Santa Clara County Superior Court against J.R. Simplot Co. over alleged violations of the Fair Credit Reporting Act and other counts.

According to the complaint, between July 2014 and Oct. 6, 2017, Luis Arroyo worked for defendants as a non-exempt, hourly employee. He alleges when the defendant offered him employment, it was based on the completion of an acceptable background check. He alleges the "defendants did not provide legally complaint disclosure and authorization forms to plaintiff and the putative class as they contained extraneous and superfluous language."

The plaintiff also claims he and the class were not provided with meal periods or accurate written wage statements. 

The plaintiff requests a trial by jury and seeks judgment for damages, unpaid wages, prejudgment interest, penalties, costs of suit and such other relief as the court deems just and proper. He is represented by Shaun Setareh of Setareh Law Group in Beverly Hills.

Santa Clara County Superior Court case number 18CV335800

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Santa Clara County Superior Court Setareh Law Group

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