Peller v. Retail Credit Co.

359 F. Supp. 1235 (1973)

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Peller v. Retail Credit Co.

United States District Court for the Northern District of Georgia
359 F. Supp. 1235 (1973)

Facts

Gary Peller (plaintiff) sought employment at Robley Hats, Inc. (Robley) (defendant). Robley required Peller to submit to a polygraph examination, which was administered by Lincoln Zonn (defendant). Peller failed the polygraph examination, allegedly failing the question of whether he had used marijuana in the past. Robley then did not hire Peller. Peller found a job with another employer. After working with the second employer successfully, Peller was terminated. The second employer told Peller that in checking Peller’s consumer credit report on file with the Retail Credit Company (defendant), the second employer had learned of the failed polygraph examination. In response, Peller sued Robley and Zonn for (among other things) violating the Fair Credit Reporting Act (FCRA). Robley and Zonn replied that they were not covered by the FCRA and sought to dismiss the case.

Rule of Law

Issue

Holding and Reasoning (O’Kelley, J.)

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