ChoicePoint Illegally Reports Marijuana Convictions, Suit Says

A class-action lawsuit filed in California state court accuses consumer information broker ChoicePoint of reporting misdemeanor marijuana convictions that are more than two years old to current and prospective employers when doing background checks.

Plaintiff Brandon Morgan says the company has repeatedly violated California laws that prohibit employers from asking about or using information about an employee's minor drug offenses that are more than two years old to make employment decisions.

In addition Morgan says California consumer protection laws such as the state's Investigative Consumer Reporting Agency Act bar businesses such as ChoicePoint from disclosing information to an employer in a background check that the employer itself would be prohibited from seeking or obtaining.

According to the complaint, filed in the Los Angeles County Superior Court, ChoicePoint has a widespread practice of collecting, reporting and disseminating prohibited information to California employers.

Morgan was convicted of misdemeanor possession of marijuana, and under state law he was not required to tell prospective employers about the conviction once two years had passed.

Nevertheless, almost four years later Morgan discovered that ChoicePoint had included the conviction in a background check when he applied for a job with a grocery store, according to the complaint.

He challenged the rejection of his application, and both the prospective employer and ChoicePoint admitted error.

Morgan claims there is a large group of people who have been either fired or denied jobs because of ChoicePoint's systemic violation of California law with respect to conducting background checks.

He is suing on behalf of all similarly situated Californians from four years preceding his filing of the complaint.

Morgan's complaint includes claims of invasion of privacy in violation of the California Constitution, violation of the Investigative Consumer Reporting Agency Act, negligent interference with prospective economic advantage, and unfair and unlawful competition.

He is asking for general and special damages, statutory damages, an injunction, disgorgement, and restitution. The complaint estimates total damages at less than $5 million.

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Morgan is represented by Kirk Lauby, Brian Mankin and Derek Early of Fernandez & Lauby in Riverside, Calif.