National Consumer Law Center

This NCLC brief seeks leave to file an amicus brief in Brown v. Delhaize Am., L.L.C. (M.D.N.C. Aug. 2014). Food Lion ran a criminal background check on the plaintiff and other job applicants, but failed to follow the requirements of the FCRA. Food Lion claims it is not subject to the FCRA requirements. There is an emerging trend by employers and background checking companies to craft company policy to exploit a potential loophole in the FCRA. This loophole does not exist, is contrary to the purpose of the FCRA, and would be harmful to millions of consumers.