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Fair Credit Reporting Act (FCRA) Background Checks Credit Reports

Burns & Levinson LLP

If You Use Background Checks to Vet New Employees, Don’t do This….

Burns & Levinson LLP on

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Alston & Bird

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

Alston & Bird on

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

Troutman Pepper

CFPB Continues Focus on Consumer Reporting and the FCRA With New “Guidance” on Background Checks and Consumer Disclosures

Troutman Pepper on

On January 11, the Consumer Financial Protection Bureau (CFPB or Bureau) issued two “advisory opinions” addressing the CFPB’s views of the obligations of consumer reporting agencies (CRAs) under the Fair Credit Reporting Act...more

Jackson Lewis P.C.

Spring Cleaning for FCRA Compliance: Using the Most Up-To-Date Federal Summary of Rights

Jackson Lewis P.C. on

The Consumer Financial Protection Bureau’s (CFPB) updated Final Rule on the federal Fair Credit Reporting Act (FCRA) Summary of Rights includes such non-substantive changes as corrections to contact information for various...more

Littler

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Littler on

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

Troutman Pepper

Current Trends in FCRA Litigation - The Consumer Finance Podcast

Troutman Pepper on

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

Hudson Cook, LLP on

[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

FordHarrison

The New Captain America

FordHarrison on

How to Hire a Super Hero - An employer subject to the Fair Credit Reporting Act (FCRA) and state “mini-FCRA” laws, which are generally more restrictive than the FCRA, can obtain investigative consumer reports, i.e.,...more

Troutman Pepper

Ten Key FCRA Decisions of 2020

Troutman Pepper on

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

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

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

Troutman Pepper on

The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions

The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions that held: ..background check disclosures may contain some concise explanatory language, but...more

Parker Poe Adams & Bernstein LLP

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

Under the federal Fair Credit Reporting Act (FCRA), applicants or employees undergoing background checks must be given notice of their rights prior to the check being run, and they must provide advance consent to the search....more

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone - Ninth Circuit Court of Appeals Interprets the FCRA

Foley & Lardner LLP on

On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of...more

Nilan Johnson Lewis PA

Court Sheds More Light on Information That Can't Be in Background Check Disclosures

On January 29, the Ninth Circuit issued an important decision clarifying what can and can’t be included in the background check disclosures mandated by the Fair Credit Reporting Act (FCRA) and California’s Investigative...more

Womble Bond Dickinson

An Overview of Damages Recoverable Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly...more

Womble Bond Dickinson

Wal-Mart Hit With Certification of Massive FCRA Class Action

Womble Bond Dickinson on

In recent months, we have seen a large uptick in FCRA class actions. If you’re a regular reader here at FCRALand, you may recall the Stanford class action filed in October 2018, the PetCo class settlement in November 2018,...more

McNees Wallace & Nurick LLC

Fair Credit Reporting Act Remains Fertile Ground for Compliance Issues and Litigation

The Fair Credit Reporting Act (“FCRA”) has been a fertile area for lawsuits against employers. Recently, the Third Circuit Court of Appeals provided yet another warning for employers regarding compliance with the FCRA. ...more

Womble Bond Dickinson

No Double-Dipping Under FCRA

Womble Bond Dickinson on

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

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

Akin Gump Strauss Hauer & Feld LLP

The Consumer Financial Protection Bureau Issues Rule That Requires Employers to Update FCRA Summary Of Rights Form

• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more

Hogan Lovells

Employers Must Update Background Check Paperwork Under the Fair Credit Reporting Act

Hogan Lovells on

Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

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