Simpson Thacher Obtains Dismissal of Class Action Against Vivint
09.07.16
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On September 6, 2016, the United States District Court for the Central District of California dismissed with prejudice a putative class action lawsuit against Vivint. Judge Anderson held that Vivint could not be liable for violating California Labor Code section 432.7, which prohibits employers from inquiring into convictions that have been dismissed or expunged. Judge Anderson also held that the plaintiff both lacked standing to pursue and had failed to state a violation of the Fair Credit Reporting Act on account of Vivint’s use of a disclosure form containing state law disclosures in addition to the required federal disclosure. The Simpson Thacher team on this case is Chet Kronenberg, Colin Rolfs, Joshua Neiman and JoAnne Jennings.