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Luna v. Wal-Mart Trans, LLC, 2018 WL 5726204 (W.D. Ark. 1 November 2018), the court well recalled that there are exemptions from the FCRA's "independent" duty of disclosure. 2. According to the facts, the claimant Leonard Luna has closed a multi-page on-line recruitment process for a lorry driver at Wal-Mart Transportation.
Wal-Mart authorised one of the documents to receive a Luna report from the consumers and included supplementary third-party information. Wal-Mart Luna was refused a job after receiving Luna's mileage. A lawsuit was filed against Wal-Mart by Luna under 15 U.S.C. 1681b(b)(2)(A)(i), which generally required an employers to obtain the approval of a potential worker to disclose the employee's credit report for use for employment purpose through a clear and prominent paper based publication in a paper consisting exclusively of the publication.
And Wal-Mart has requested that the FED's appeal be dismissed. P. 12(b)(6) because it reasoned that it was not obliged to fulfil the independent duty of disclosure because Luna's case fell within an exemption from the general principle. Wal-Mart pointed out in particular that 15 U.S.C. 1681b(b)(2)(B) and 15 U.S.C. 1681b(b)(2)(C) jointly provided for an exemption from the independent duty of disclosure in respect of consumers applying for a post supervised by the Minister of Transport, provided that, at the moment when the user completed the request, the only interactions between the user and the prospective employers in relation to the post took place by post, phone, computer or similar means.
Provided that the customer fulfils these conditions, the requesting Party need only notify the customer that a report is available verbally, in paper form or via the Internet for the purpose of providing information for consumers for employment and, once the notification has been made, the requesting Partner must give its agreement verbally, in paper form or via the Internet.
Luna, claiming to have been applying for a lorry driver post - a post supervised by the Minister of Transport, conceded in his appeal that Wal-Mart had given him the necessary disclosures, albeit not in a separate manner, and that he had agreed to Wal-Mart's disclosures, and the court rejected his suit.