News & Analysis as of

Article III Criminal Background Checks

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

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Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Troutman Pepper

Pennsylvania Federal Court Finds Lack of Article III Standing in Purely Procedural FCRA Violation and Dismisses Putative Class

Troutman Pepper on

On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more

ArentFox Schiff

What CRAs Must Know: Important FAQs Regarding CFPB’s Recent Action for Employment Background Check Report Violations

ArentFox Schiff on

Based on the public filing, the Bureau asserted that Sterling was engaged in the business of providing background screening reports as to job applicants to assist employers in hiring decisions. The outcome was an order of $6...more

Seyfarth Shaw LLP

Ninth Circuit Rules That Users, Not Consumers, Must Prove an Authorized Purpose for Obtaining a Consumer Report

Seyfarth Shaw LLP on

Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Womble Bond Dickinson

False report of prison time satisfies Spokeo’s requirement of injury in fact

Womble Bond Dickinson on

In Landry v. Thomson Reuters Corp., 2018 U.S. Dist. LEXIS 162741 (D. N.H. Sept. 24, 2018), a putative class action, a key issue was whether the Plaintiff’s amended complaint–which alleged Thomson Reuters Corporation (“TRC”)...more

Seyfarth Shaw LLP

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

King & Spalding

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

King & Spalding on

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

Sherman & Howard L.L.C.

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more

Seyfarth Shaw LLP

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

Seyfarth Shaw LLP on

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

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