Daniel Saperstein

Daniel Saperstein

Proskauer Rose LLP

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California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

5/15/2015 - Background Checks Class Action Consumer Reporting Agencies Employee References FCRA Hiring & Firing LinkedIn

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

12/24/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employee Credit Checks Employer Liability Issues FCRA Hiring & Firing Job Applicants

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

11/4/2014 - Civil Rights Act Class Action Disparate Impact EEOC FCRA LinkedIn Racial Discrimination Title VII

FINRA Proposes Rule Strengthening Background Checks

Last month, the Financial Industry Regulatory Authority (FINRA) issued a proposed rule requiring member firms to strengthen their background investigations of applicants seeking registration. The proposed rule adopts,...more

10/27/2014 - Background Checks FCRA FINRA Nasdaq Proposed Regulation Registration

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

10/23/2014 - Background Checks Banking Sector Credit Reporting Agencies Defamation Employer Liability Issues FCRA Hiring & Firing Preemption Tortious Interference

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

3/13/2014 - Background Checks EEOC FCRA FTC Human Resources Professionals

Maine Revises State FCRA to be More Consistent with Federal Law

On June 11, 2013, Maine's governor signed LD 1410 to update the state's consumer reporting law by adopting, in large part, the provisions of the federal Fair Credit Reporting Act ("FCRA")....more

7/12/2013 - FCRA Local Ordinance

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

4/24/2013 - Credit Cards Credit Checks Discrimination EEOC FCRA Hiring & Firing

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

1/23/2013 - Background Checks Choice Level LLC Criminal Background Checks FCRA Filiquarian Publishing FTC Hiring & Firing Mobile Apps

New Year’s Watch: CFPB’s Model FCRA Forms Take Effect

The Consumer Financial Protection Bureau (CFPB), which has taken over the responsibility of interpreting and enforcing the Fair Credit Report Act (FCRA) from the Federal Trade Commission (FTC), recently issued revised model...more

1/4/2013 - CFPB FCRA FTC Summary of Consumer Rights

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