AI Hiring Platform Faces FCRA Class Action Over Data Use | Kistler et al. v. Eightfold AI Inc.
Summary
Kistler et al. v. Eightfold AI Inc., No. 3:26-cv-1768 (N.D. Cal. 2026):
Plaintiffs filed a class action lawsuit in California state court against Eightfold AI for violating the Fair Credit Reporting Act. Eightfold is an AI hiring platform used by various Fortune 500 companies that assesses job applicants and predicts whether they would be a good fit for the job, even labeling the applicants as “team player” or “introvert,” before a human ever reviews the applications. The complaint alleges that Eightfold compiled plaintiffs’ personal data without providing necessary disclosures, obtaining consent, or having a mechanism to report inaccurate information. The alleged personal data being collected includes social media profiles, location data, and online activity. Most recently, the case was removed to federal court and is still in the pleading stage.
