News & Analysis as of

Background Checks Federal Trade Commission

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. - This week Rep. Barry Loudermilk (R-GA) introduced the FCRA Liability...more

FTC Issues "Advice" on Background Check Disclosure and Authorization Forms

by Littler on

On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required disclosures simple.” The FTC is one of the two federal agencies with oversight...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Expect activity at the Equal Employment Opportunity Commission (EEOC) in...more

Tenant Screening and the FCRA

by Arnall Golden Gregory LLP on

The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key responsibilities of...more

FTC and CFPB Update

by Arnall Golden Gregory LLP on

Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments. Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White from the Federal Trade...more

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

by MoFo Reenforcement on

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

FTC Issues Guidance for Background Screening Companies

by Jackson Lewis P.C. on

Employers regularly turn to background screening companies in order to obtain information/reports about applicants and employees. The Fair Credit Reporting Act (FCRA) applies to companies that sell or provide these...more

New Guidance Issued on FCRA Compliance in Employee Screening

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

FTC issues new FCRA guidance for employment background screening companies

The Federal Trade Commission (FTC) issued new guidance for employment background screening companies containing information on how to comply with the Fair Credit Reporting Act (FCRA). One of the key elements of this new...more

FTC Releases Updated FCRA Guidance On Background Checks

by Littler on

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

FTC Publication for Background Screeners

by Arnall Golden Gregory LLP on

The Federal Trade Commission (FTC) just issued guidance for companies providing employment screening services. According to the FTC, they have “created new guidance for businesses aimed at giving employment background...more

Retail and Consumer Products Law Roundup - May 2016

SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California....more

Social Media-Based Screening and FCRA

by Zelle LLP on

By now, most employers are familiar with the requirements of the Fair Credit Reporting Act (FCRA) and understand how it impacts background checks and applicant screening. In short, FCRA says that if an employer uses a third...more

Must Read for Background Screening Companies

by Arnall Golden Gregory LLP on

This blog is created with content straight from the National Association of Professional Background Screeners (NAPBS) and a Member Advisory which all background screening companies should read. The Member Advisory was posted...more

Employers: Check the law before checking an applicant's background

by Kirton McConkie PC on

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

by Epstein Becker & Green on

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

Background Screening – When is Section 603(y) Applicable?

by Arnall Golden Gregory LLP on

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Data privacy in the Americas - At a glance

by FordHarrison on

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

FTC provides guidance on FCRA requirements for employer background checks

by Ballard Spahr LLP on

When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees...more

Employment Law Reporter – August 2015

by Ervin Cohen & Jessup LLP on

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

Notice versus Strict Procedures – Section 613

by Arnall Golden Gregory LLP on

Section 613 of the Fair Credit Reporting Act (FCRA) requires that consumer reporting agencies (CRAs), when reporting a consumer report for employment purposes which contains public record information, which are likely have an...more

Proper Disposal of Background Check Reports

by Arnall Golden Gregory LLP on

A recent blog posting by the Federal Trade Commission (FTC) on data retention and disposal practices is the genesis of this blog. The posting talks about the importance of having a plan in place due to the potential that a...more

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