Felix Prescott v. American Automobile Ass'n

U.S. Court of Appeals for the Ninth Circuit
Felix Prescott v. American Automobile Ass'n, 676 F. App'x 643 (9th Cir. 2017)

Felix Prescott v. American Automobile Ass'n

Opinion

MEMORANDUM *

Prescott’s employer terminated him from his job as a tow truck driver after a background check he authorized revealed he did not meet the defendants’ require *644 ments to serve their members. 1 Prescott’s employer gave him a pre-adverse employment action notice before terminating him as required by the Fair Credit Reporting Act, but he did not receive one from defendants. See 15 U.S.C. § 1681b(b)(3)(A). Prescott sued, alleging in his Second Amended Complaint that he suffered an injury traceable to the denied opportunity to challenge HireRight’s adjudication and defendants’ background check policy. See Spokeo, Inc. v. Robins, — U.S. -, 136 S.Ct. 1540, 1547-50, 194 L.Ed.2d 635 (2016). Because Prescott received all the notice to which he was entitled, we affirm the district court’s dismissal of the Second Amended Complaint.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided *644 by Ninth Circuit Rule 36-3.

1

. The parties are familiar with the facts so we do not recount them here except as necessary to explain this disposition.

Reference

Full Case Name
Felix B. PRESCOTT, Individually and as Representative of the Class, Plaintiff-Appellant, v. AMERICAN AUTOMOBILE ASSOCIATION and Automobile Club of Southern California, Erroneously Sued Under AAA Auto Club of Southern California, Defendants-Appellees
Status
Unpublished