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Credit Reporting Agencies Background Checks

Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Alston & Bird

CFPB Issues FCRA Advisory Opinions Addressing Background Screenings and Credit File Sharing Practices

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What Happened? On January 11, 2024, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued two separate advisory opinions interpreting consumer reporting agencies’ (“CRAs”) obligations under the Fair Credit...more

Sheppard Mullin Richter & Hampton LLP

CFPB Continues Focus on Credit Reporting with Guidance on FCRA Compliance

On January 11, the CFPB issued two advisory opinions providing guidance to consumer reporting agencies (CRAs) on the Bureau’s views on FCRA compliance obligations with respect to background check reports and credit file...more

McDermott Will & Emery

Update for Employers Regarding Changes to Background Check Summary of Rights Form Coming Soon

The Consumer Financial Protection Bureau (CFPB) recently released an updated version of the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice to job applicants and employees required in connection with...more

Troutman Pepper

CFPB Highlights Purported “Problems With Tenant Background Checks”

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On November 15, the Consumer Financial Protection Bureau (CFPB) issued two reports, highlighting what the CFPB perceives to be forms of errors that frequently occur in tenant background checks and the impacts the CFPB...more

Troutman Pepper

Current Trends in FCRA Litigation - The Consumer Finance Podcast

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Join Troutman Pepper Consumer Financial Services Partner Chris Willis and fellow Partners Cindy Hanson and Tim St. George as they discuss current trends in Fair Credit Reporting Act litigation. Both Cindy and Tim are...more

Hudson Cook, LLP

FCRA Year in Review: Key FCRA Appellate Decisions

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[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...more

Troutman Pepper

Ten Key FCRA Decisions of 2020

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The year 2020 was an unprecedented year, but one thing remained constant: the number of Fair Credit Reporting Act (FCRA) case filings continued to increase dramatically. In addition to new filings, the year saw several key...more

Troutman Pepper

Five Things You Should Know About Tenant Screening

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If you have ever leased an apartment, house, or storefront, you have probably agreed to a background check or asked the applicant to do so. What you may not know is that the process of looking into someone’s background is...more

Arnall Golden Gregory LLP

Recent Court Decision Should Prompt CRAs to Initiate Reinvestigations Even When the Disputed Information Appears to be Accurate

In the wake of a decision last week from the Eastern District of Pennsylvania, CRAs would be well advised to initiate reinvestigations in response to consumer disputes even when the disputed information is easily determined...more

Arnall Golden Gregory LLP

FCRA Consumer Disputes and Reinvestigations

Additional guidance offered to address the question of how to handle consumer disputes under the Fair Credit Reporting Act (FCRA). The Consumer Financial Protection Bureau (CFPB) issued a Compliance Aid to assist in...more

Arnall Golden Gregory LLP

Key Takeaways from the 2019 NAPBS Annual Conference

Background screening is a hot topic in today’s employment sector and Arnall Golden Gregory’s (AGG) Background Screening Industry team is well prepared and versed to tend to the employers’ compliance needs. ...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Womble Bond Dickinson

Alabama District Court Examines Emotional Distress Damages under FCRA

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Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No....more

Womble Bond Dickinson

Removing State Law Claims to Federal Court: When FCRA Claims Lurk In The Background

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The District Court for the Northern District of New York handed down an unusual decision. The district court found that it had federal question jurisdiction even though the Plaintiff only asserted one claim in his Complaint:...more

Womble Bond Dickinson

No Double-Dipping Under FCRA

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In an oldie but goodie, an FTC blog from Feb 2017 warns employers who rely on credit checks not to double-dip.  In other words, if an employer requests a consumer report for one purpose, the employer should not then use the...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

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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

Stinson LLP

Employers Must Update Summary of Rights Notice After FCRA Amendment

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Amendments affecting notice requirements under the Fair Credit Reporting Act (FCRA) went into effect on September 21, 2018. These amendments were part of the Economic Growth, Regulatory Relief, and Consumer Protection Act...more

Womble Bond Dickinson

FCRA Filings on the Rise

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Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints...more

Womble Bond Dickinson

Consistency Is Key: FCRA Case Survives Summary Judgment Due To Inconsistencies In Report

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The Eastern District of Pennsylvania recently denied a motion for summary judgment in a FCRA case, paving the way for the dispute to proceed to trial. In Chiarello v. Trans Union, LLC, No. 2:17-cv-00513-AB, 2018 WL 4698846...more

Womble Bond Dickinson

Fifth Circuit Gets it Right, Affirms Summary Judgment

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In Hall v. LVNV Funding, L.L.C., 2018 WL 4664117 (5th Cir. Sept. 26, 2018), the Fifth Circuit affirmed summary judgment for a furnisher of credit information, finding there was no dispute of material fact as to whether the...more

Troutman Pepper

Employers Must Utilize New Fair Credit Reporting Act (FCRA) Summary Of Rights Form

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Q: My company uses a third-party vendor to conduct background checks on prospective employees.  We heard there is a new model for the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice.  Should we be using...more

Snell & Wilmer

Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

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Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”)....more

Womble Bond Dickinson

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

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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

Mintz - Employment Viewpoints

New FCRA Notice Requirements Now In Effect

Earlier this month, the Consumer Finance Protection Bureau (CFPB) issued updated model disclosure forms required under the federal Fair Credit Reporting Act (FCRA). The updated “Summary of Your Rights Under the Fair Credit...more

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