Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Smith v. General Information Solutions, LLC

United States District Court, D. South Carolina, Columbia Division

December 11, 2018

DEVON SMITH, individually and on behalf of all others similarly situated, Plaintiff,
v.
GENERAL INFORMATION SOLUTIONS, LLC, Defendant.

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISSING THE ACTION WITHOUT PREJUDICE

          MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff 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.

         Pending 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.

         II. FACTUAL AND PROCEDURAL HISTORY

         Smith 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. 31.

         Smith “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.

         According 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.

         Smith “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.

         “During 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 job.” Id.

         When 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.

         Agreement ¶ 1.

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. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.