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Consumer Reports Disclosure Requirements

McDermott Will & Emery

The 411 on Employment Background Checks in Stock and Asset Transactions

McDermott Will & Emery on

Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

Womble Bond Dickinson

Ninth Circuit Creates ‘Concise Explanation’ Standard for Background Check Disclosure Forms

Womble Bond Dickinson on

By Jason Wyman On March 20, 2020, the Ninth Circuit issued its opinion Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th Cir. Mar. 20, 2020) and created a “concise explanation” standard to judge when an employer’s...more

Hudson Cook, LLP

Be a Good Influencer: FTC Releases "Disclosures 101 for Social Media Influencers" Guide

Hudson Cook, LLP on

Remember when you were a teenager and rules seemed excessive and tiresome to follow? And remember getting grounded because you missed curfew ("nothing good happens after midnight") or skipped school ("Bueller? … Bueller?…")?...more

Akin Gump Strauss Hauer & Feld LLP

Critical Considerations for Compliance with the FCRA

These days, companies conducting background checks on job applicants have a lot to think about. Most companies are aware of the Fair Credit Reporting Act (FCRA) and FCRA’s various state analogs. FCRA, one of a number of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l April 2019 #3

FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc - In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more

Stinson LLP

Federal Background Check Disclosure Form Must Not Include State Law Disclosures, Ninth Circuit Holds

Stinson LLP on

Two weeks ago, the U.S Court of Appeals for the Ninth Circuit held in Gilberg v. California Check Cashing Stores, LLC that a federal background check disclosure form that also included state law notices violated the Fair...more

Womble Bond Dickinson

Does a violation of FCRA’s “Stand-Alone” disclosure requirement confer standing or not?

Womble Bond Dickinson on

Could there be a split brewing with regard to standing to pursue FCRA claims against potential employers for violating the stand-alone disclosure requirement contained in 15 U.S.C. § 1681(b)(2)(A)(i)? Maybe....more

Womble Bond Dickinson

The Form Must Stand Alone: Ninth Circuit Rules that Disclosure Form Referencing State Laws Violates FCRA

Womble Bond Dickinson on

On January 29, 2019, a unanimous three-judge panel of the Ninth Circuit ruled that an employer violated FCRA by providing a background check disclosure form that included information regarding state laws closely related to...more

Littler

California Court Certifies FCRA Class of Over 40,000 Applicants

Littler on

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike. Most lawsuits proceed in federal court, but the FCRA allows...more

Clark Hill PLC

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

Clark Hill PLC on

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ballard Spahr LLP

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

Ballard Spahr LLP on

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

Davis Wright Tremaine LLP

Avoiding Class Action Litigation Under Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a growing source of class action litigation, due to the high potential penalties that it provides for very technical violations. The statute imposes conditions, among other things, on...more

Poyner Spruill LLP

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

Poyner Spruill LLP on

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

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