News & Analysis as of

Background Checks Motion to Dismiss

Constangy, Brooks, Smith & Prophete, LLP

Publicity: The Not-So-Hidden Cost Of A Lawsuit

And then you go and make it worse. The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon). I am in a charitable mood as I write this post,...more

Womble Bond Dickinson

Eastbound, but not out. Loaded up but not trucking.

Womble Bond Dickinson on

In Luna v. Wal-Mart Trans., LLC, 2018 WL 5726204 (W.D. Ark. Nov. 1, 2018), the Court provided a good reminder that there are exceptions to the FCRA’s “stand-alone” disclosure requirement. Under the facts of the case,...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

Womble Bond Dickinson on

In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Womble Bond Dickinson

Sharp Distinction: Section 1681i Claim Dismissed Because There is a “Sharp Distinction” Between a Credit File and Credit Report

Womble Bond Dickinson on

Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District...more

Womble Bond Dickinson

The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment...

Womble Bond Dickinson on

15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally...more

Littler

Employers Prevail in FCRA Class Actions

Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

King & Spalding

Alleged FCRA “Informational Injury” Survives Motion To Dismiss

King & Spalding on

On June 16, 2017, the U.S. District Court for the District of New Jersey—in Muir v. Early Warning, 2:16-cv-00521(SRC)(CLW), 2017 WL 2616890, at *1 (D.N.J. June 16, 2017)—denied a motion to dismiss that argued that a...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

Williams Mullen

Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Williams Mullen on

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

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