Clients United Parcel Service (UPS)

Judge Charles Breyer of the U.S. District Court for the Northern District of California granted Jones Day's motion to dismiss a putative class action filed against United Parcel Service, Inc. ("UPS") under the Fair Credit Reporting Act ("FCRA"). The court had previously granted dismissal with leave to amend, but this time held that further amendment would be futile. The court adopted Jones Day's primary argument, 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 in the federal courts concerning the meaning and scope of FCRA.

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