Twumasi-Ankrah v. Checkr, Inc., No. 19-3771 (6th Cir. 2020)
Annotate this CaseTwumasi-Ankrah is an Uber driver. Uber requested a background check on Twumasi-Ankrah from, Checkr, a consumer reporting agency under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681a(f). Checkr learned from the Ohio Bureau of Motor Vehicles that Twumasi-Ankrah had been involved in “accidents,” dated October 23, 2015; December 19, 2015; and February 10, 2017. Checkr gave this information to Uber, without further investigation, knowing that the Bureau reports all accidents that a driver is involved in, regardless of fault. Uber fired Twumasi-Ankrah, allegedly because it assumed Twumasi-Ankrah was responsible for the accidents. Twumasi-Ankrah sent Checkr a legal document adjudging him “not guilty” of the December 19, 2015 minor traffic offense and a police report treating him as the victim of the hit-and-run allegedly at issue on February 10, 2017. Twumasi-Ankrah’s requests for reconsideration went unheeded. Twumasi-Ankrah claimed that Checkr violated FCRA by failing to “follow reasonable procedures to assure [the] maximum possible accuracy” of its reporting. The district court dismissed, finding that Twumasi-Ankrah failed plausibly to allege that Checkr reported information that was literally “factually inaccurate.” The Sixth Circuit reversed and remanded. FCRA requires that credit reports be both accurate and not misleading. Taken as true, the complaint plausibly suggests that Checkr reported “misleading” information about Twumasi-Ankrah that could have been “expected to have an adverse effect.”
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