- Eightfold AI is accused of secretly generating AI-based consumer reports and scores on job applicants without required disclosures.
- Plaintiffs say the platform pulls data from public sources like LinkedIn, GitHub, and job boards to create “Match Scores” that filter candidates before human review.
- The complaint alleges the system uses more than 1.5 billion data points and models built from profiles of over 1 billion people and 1 million job titles and skills.
- Plaintiffs seek statutory damages of $100–$1,000 per federal violation and up to $10,000 per violation under California law, plus punitive and injunctive relief.
- Attorneys argue the practices violate the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act, and have publicly flagged the case on social media.
Two job applicants filed a federal class-action suit on Tuesday in Contra Costa County, California, alleging Eightfold AI secretly scores and compiles consumer reports on candidates without disclosure, consent, or dispute rights. According to the complaint, the company’s practices violate the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act.
The filing says the platform gathers personal data, including social media profiles, location information, browsing activity, and tracking cookies from public sources such as LinkedIn, GitHub, and job boards to evaluate applicants for employers including Microsoft, Paypal, Starbucks, and Morgan Stanley. Plaintiffs Erin Kistler and Sruti Bhaumik allege they were not given standalone disclosures or summaries of consumer rights during applications.
The complaint states the AI generates “Match Scores” from 0 to 5 using “more than 1.5 billion global data points” and a model trained on over 1 million job titles, 1 million skills, and profiles of more than 1 billion people. It claims lower-scored candidates are often discarded before human review.
Kistler, noted as a computer science graduate with 19 years of product management experience, says she applied to senior roles at PayPal and received no interview. Bhaumik, described as a project manager with degrees from Bryn Mawr and the University of Pittsburgh, says she was automatically rejected from a Microsoft position two days after applying.
The plaintiffs seek actual and statutory damages of $100 to $1,000 per federal violation and up to $10,000 per violation under California law, plus punitive damages and injunctive relief to change Eightfold’s practices. Attorneys involved highlighted the lawsuit on social media, with one advocate tweeting about the case and stating, “There is no AI exemption to the law—no matter how fancy-sounding the tech or how much venture capital is behind it.”
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