News & Analysis as of

Fair Credit Reporting Act

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

by King & Spalding on

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act...more

District of New Jersey Further Defines the Evolving Boundaries of Injury-in-Fact After Spokeo

by BakerHostetler on

On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a claim...more

CFPB Updates: Consumer Reporting Supervisory Highlights, Loss Over CID

In news at the Consumer Financial Protection Bureau, the agency released a special edition of its Supervisory Highlights focused on consumer reporting and was handed a major loss from the U.S. Court of Appeals for the D.C....more

$3M Penalty for Credit Reporting Agency in CFPB Action

A major credit bureau and its subsidiaries will pay a civil penalty of $3 million, revise how it represents how the credit scores it markets to consumers are used, and put in place changes in its compliance management system...more

CLIENT ALERT: 2017 Criminal Background Laws

More and more employers in California are becoming subject to legal restrictions on the use of criminal history information when making employment decisions. The City of San Francisco passed the Fair Chance Ordinance, which...more

Friday News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The ongoing saga of the President’s executive order to implement a travel ban...more

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office...more

FCRA Class Plaintiff Lacked Injury Needed for Standing Under Spokeo, 4th Circuit Holds

by Ballard Spahr LLP on

An $11.7 million judgment awarded against credit reporting company Experian in a 69,000-member class action brought under the federal Fair Credit Reporting Act (FCRA) was vacated by the Fourth Circuit in Dreher v. Experian...more

The ABCs of Statutory Consumer Protection Liability

The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing...more

Litigation Alert: The Fourth Circuit Finds No Article III Injury in Fair Credit Reporting Act Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more

A “Bad Apples” Database for Banks? Not So Fast.

by Davis Wright Tremaine LLP on

Should banks, while guarding against rolling episodes of misconduct by bankers, have the ability to blackball employees from the banking industry? A “bad apples” database of bank employees who have acted improperly in prior...more

Spokeo: On the One-Year Anniversary of the Pivotal Case, Insights for Retailers

by Morgan Lewis on

Dear Retail Clients and Friends, Many of you are likely familiar with the US Supreme Court’s decision in Spokeo, Inc. v. Robins. On the one-year anniversary of Spokeo, data shows that retailers’ chances of success in...more

Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

by Williams Mullen on

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing...more

Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the...more

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

by Foley & Lardner LLP on

Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Background Checks Are a Good Idea, but Be Careful What You Wish or

by Fisher Phillips on

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best...more

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

New York City Bans Employer Inquiries Into Salary History

by Genova Burns LLC on

On May 4, 2017, New York City Mayor Bill DeBlasio signed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...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

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...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

New Changes to Massachusetts Regulations on Criminal History Checks

by Littler on

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

Spokeo Leaves Lower Courts to Wrangle With Article III Standing Issues

by Carlton Fields on

The United States Supreme Court issued its decision in Spokeo, Inc. v. Robins on May 16, 2016. At the time, the degree to which the decision was a punt was somewhat underreported. The five-judge majority opinion actually...more

PLI 22nd Annual Consumer Financial Services Institute, Chicago session – 25% discount available

by Ballard Spahr LLP on

The second presentation of the 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place in Chicago on May 4-5, 2017. I am co-chairing the event, as I have for the past 21...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

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