Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: September 16, 2015
The Firm
201-896-4100 info@sh-law.comThe number of lawsuits against Uber, Inc. appears to be growing almost as quickly as the company’s app-based car service. The latest lawsuit involves the company’s use of pre-employment background checks.

The proposed class-action suit, which was filed in New Jersey federal court, alleges that Uber violated the Fair Credit Reporting Act (FCRA) by denying applicants the opportunity to dispute the information contained in the reports of their pre-employment background checks. The company is facing similar suits in California.
According to the complaint in Cuccinello v. Uber, Uber contracted with consumer reporting agency Hirease Inc. to obtain background reports on prospective drivers in order to conduct thorough pre-employment background checks. The plaintiffs, Joseph Cuccinello and James Brooks, allege that they were denied employment based on the content of their reports, but were never provided with copies of the reports or given the opportunity to dispute information contained in their criminal, financial and employment histories. The suit further alleges that the online forms in which they consented to the background checks “unlawfully attempted to obtain future protection for defendants for any unlawful actions, and included other limitations on consumer protections and other extraneous language.”
As we have discussed in prior posts, the FCRA has consistently been a litigation trap for unwary businesses. The federal statute imposes several requirements on employers who wish to conduct pre-employment background checks on job applicants, such as obtaining credit reports and criminal records.
Among other legal requirements under the FCRA, employers must notify applicants that they might use information in their consumer report for decisions related to their employment and obtain written authorization to obtain the reports. This written disclosure must be in a stand-alone format separate from the job application and not contain any other content, although it may be contained with the authorization.
Prior to rejecting a job application (or taking any other adverse employment action) based on information found in these pre-employment background checks, employers must give the applicant or employee a notice that includes a copy of the consumer report the employer relied on to make the decision, as well as a copy of A Summary of Your Rights Under the Fair Credit Reporting Act.
As highlighted by the Uber suit, the failure to take the above compliance steps can result in a costly lawsuit. The FCRA authorizes statutory damages of up to $1,000 per class member as well as punitive damages, actual damages and attorney’s fees. Accordingly, it is wise to review your FCRA compliance, particularly with respect to online applications.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck real estate partners Donald Pepe and Joe DeMarco were recently interviewed by NJBIZ reporter Kimberly Redmond for a feature examining what may shape the commercial real estate market in 2026. The article explores several issues currently influencing development and investment decisions across New Jersey, including redevelopment considerations, regulatory and financing pressures, emerging asset […]
Author: Scarinci Hollenbeck, LLC

Little Falls, New Jersey — Scarinci Hollenbeck, LLC is pleased to announce that Partner Angelo Auteri has been awarded the Michael A. Pane Ethics in Government Award, one of New Jersey’s most esteemed recognitions for integrity and professionalism in public service. The award was presented on Thursday, November 20th during the New Jersey State League […]
Author: Scarinci Hollenbeck, LLC

November 6, 2025 – Little Falls, NJ – Scarinci Hollenbeck, LLC is proud to be recognized in the 2026 edition of the Best Law Firms rankings, published by Best Lawyers. The firm has been named a Regional Tier 1 firm in New Jersey in five practice areas, a Regional Tier 2 firm in New Jersey […]
Author: Scarinci Hollenbeck, LLC

Angela A. Turiano and Ryan O. Miller of Scarinci Hollenbeck’s NYC Office Earn Prestigious Honor Legal rankings publisher Super Lawyers has named two lawyers from Scarinci Hollenbeck’s New York office to its 2025 New York Metro Super Lawyers list. The firm congratulates Angela A. Turiano and Ryan O. Miller for this notable accomplishment. No more […]
Author: Scarinci Hollenbeck, LLC

Donald M. Pepe and Patrick T. Conlon Secure Appellate Ruling Dismissing Challenge to Jersey City Improvement Project Little Falls, NJ – October 22, 2025 – Scarinci Hollenbeck, LLC has secured a significant appellate win on behalf of the Exchange Place Alliance District Management Corporation. The Appellate Division of the New Jersey Supreme Court affirmed the […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!