United States District Court, D. South Carolina, Columbia Division
DEVON SMITH, individually and on behalf of all others similarly situated, Plaintiff,
GENERAL INFORMATION SOLUTIONS, LLC, Defendant.
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S
MOTION TO COMPEL ARBITRATION AND DISMISSING THE ACTION
GEIGER LEWIS UNITED STATES DISTRICT JUDGE
Devon Smith (Smith) filed this putative class action suit
against Defendant General Information Solutions, LLC (GIS),
alleging violations of the Fair Credit Reporting Act (FCRA),
15 U.S.C. § 1681. The Court has jurisdiction over the
matter under 28 U.S.C. § 1331.
before the Court is GIS's motion to compel arbitration.
Having considered the motion, Smith's response, GIS's
reply, the parties' response to the Court's
interrogatories, the record, and the relevant law, the Court
will grant the motion to compel arbitration and dismiss
Smith's complaint without prejudice.
FACTUAL AND PROCEDURAL HISTORY
applied for a position with TruGreen Lawncare (TruGreen or
the Company) on or about March 2016. Amended Complaint ¶
16. “GIS acts on behalf of TruGreen to apply
pre-defined hiring criteria and assign a grade to applicants,
such as [Smith], which determines and adjudicates whether the
applicant is ineligible for employment.” Id.
“was interviewed and offered a job with TruGreen
contingent on completing certain employment forms, a motor
vehicle registration check, his background check, and drug
testing.” Id. ¶ 19. “During the
interview process, and on the additional forms, [Smith]
disclosed that he had a past [Operating a Vehicle Impaired
charge], and TruGreen told him it was not a problem and would
not be a bar to employment, so long as he wrote everything
down accurately in the application forms.” Id.
“After TruGreen informed [Smith] of its intent to hire
him, [he] ceased his job search. He did not fill out any
additional applications with potential employers and he
stopped sending out his resume.” Id. ¶
20. Smith “subsequently took and passed the required
drug screening.” Id. ¶ 21.
to GIS, however, “[t]he information in . . .
Smith's background check contained information that would
disqualify him from employment based on criteria established
by TruGreen.” GIS Vice President's Declaration
¶ 7. Consequently, “[o]n March 25, 2016, GIS, on
behalf of TruGreen, sent [Smith] an adverse action letter
informing him that TruGreen had elected not to extend him an
offer of employment.” Id. 10.
“subsequently filed a lawsuit against TruGreen for FCRA
violations in the United States District Court for the
Southern District of Ohio styled as Smith v. TruGreen,
Inc., et al., No. 2:17-cv-00462. The case has since been
dismissed with prejudice.” Amended Complaint ¶ 23.
the pendency of the case, . . . [Smith] procured letters
written by GIS regarding his background check that were
utilized to make the decision not to offer him the TruGreen
Smith applied to work with TruGreen, he consented to be bound
to the following requirements of the TruGreen 2014 We Listen
Dispute Resolution Plan (Agreement):
The Plan includes a mutual agreement to arbitrate my
individual covered Disputes which is the exclusive, final and
binding remedy for both the Company and me and includes a
class action waiver.
The Company and I mutually consent to resolution under the
Plan and to final and binding arbitration of all Disputes,
including, but not limited to, any preexisting, past, present
or future Disputes, which arise out of or are related to my
application for employment, my current or former employment,
the termination of my employment, or reemployment, on-duty or
off-duty, in or outside the workplace, that I may have
against any of the following: (I) the Company; (ii) its
current and former officers, directors, employees, or agents
in their capacity as such or otherwise; (iii) the
Company's parent, subsidiary, partner and affiliated
entities; and/or (iv) all successors and assigns of any of
them, or that the Company may have against me. ...