News & Analysis as of

Recent Background Check Lawsuit is Reminder of the Importance of Strictly Following the Fair Credit Reporting Act Disclosure...

Many institutions of higher education, like employers in many industries, use background checks as an integral part of their hiring process. A recently filed class action lawsuit serves as a reminder to institutions of the...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Labor and Employment: Recent Lawsuit Highlights the Importance of Fair Credit Reporting Act Compliance

The Fair Credit Reporting Act (FCRA) expressly requires employers to provide applicants with a stand-alone disclosure and authorization form prior to obtaining a background check. This form must be separate from the...more

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

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses...more

Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks

A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern...more

New Background Check Forms Required under the FCRA

The Fair Credit Reporting Act (“FCRA”) provides guidelines which must be followed in order for employers to gather certain information about employees or applicants. Generally, there are two types of reports: a consumer...more

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

New Year, New FCRA Forms

Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more

Four Words the Fair Credit Reporting Act Has Class Action Plaintiffs and Their Lawyers Repeating: "Show Me The Money!"

Over the past few years, the Fair Credit Reporting Act (FCRA), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party...more

Criminal Background Checks? The FTC Knows There’s an App for That

As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that...more

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

Four Words the Fair Credit Reporting Act Has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me The Money!”

Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third...more

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Background Checks: Updated “Summary of Consumer Rights” Required Under Fair Credit Reporting Act

Start the new year out right by using the updated “Summary of Consumer Rights” form, required as of January 1, 2013, to comply with the Fair Credit Reporting Act (“FCRA”). Even if you updated your form earlier in 2012, you...more

Employment And Labor Insight: Year In Review - Are Your Employment Procedures, Practices And Policies In Compliance?

As we enter 2013, we would like to update you on the importance of reviewing your application, background check procedures, employment policies and employee handbook for compliance with the changing laws in these areas....more

New FCRA Form Required for Background Searches in 2013

There is a new form in town for employers who obtain background reports on applicants and employees. Employers who use third parties to conduct background reports are familiar with the requirements of the Fair Credit...more

Act Now Advisory: Employers Must Update FCRA Notices in Background Screening Process by January 1, 2013

Effective January 1, 2013, employers must begin using a new Fair Credit Reporting Act ("FCRA") notice in connection with their background screening process. The Consumer Financial Protection Bureau ("CFPB")recently issued...more

Modified Fair Credit Reporting Act Notices Will Be Required Effective January 1, 2013

The following is an important message for all employers that use credit reporting agencies to perform pre-employment background checks or other related investigations...more

Is Your Company Using the Right Form for Background Checks?

The Consumer Financial Protection Bureau (the “Bureau”) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (“FCRA”) and has updated an important FCRA form that employers must use when...more

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