News & Analysis as of September 22, 2024

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Appeals Court: No FCRA Informational Injury Standing

Ballard Spahr LLP on 9/11/2024

A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo

Ballard Spahr LLP on 5/10/2022

The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily allowed damages as a way...more

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Burr & Forman on 4/8/2022

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Fair Credit Reporting Act: Policy Check In – Permissible Purpose

McGlinchey Stafford on 5/7/2021

Now, more than ever, consumer report information impacts the everyday life of consumers in a meaningful way. Not only are consumer reports used by creditors, but also employers, insurers, landlords, and more. It should...more

10 Key FCRA Decisions and Why Companies Should Care About Them

Troutman Pepper on 8/5/2020

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

Ninth Circuit: FCRA Does Not Require Disclosure To Be Distinct In Time from Other Employment Documents

Jackson Lewis P.C. on 4/30/2020

The Ninth Circuit recognized that plaintiff’s argument was novel but was thwarted by the statute itself. Plaintiff below, argued on behalf of a class, that the company violated the Fair Credit Reporting Act (FCRA) by...more

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

Womble Bond Dickinson on 4/1/2020

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

Critical Considerations for Compliance with the FCRA

Akin Gump Strauss Hauer & Feld LLP on 6/19/2019

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

Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule

Seyfarth Shaw LLP on 5/16/2019

Seyfarth Synopsis: On May 14, 2019, the Ninth Circuit Court of Appeals added to the ongoing line of decisions in the Moran v. The Screening Pros saga, holding that under the Fair Credit Reporting Act’s rule prohibiting...more

Financial Services Update: Week Ending January 11, 2019

Carlton Fields on 2/19/2019

Financial Services Update - FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more

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

Stinson LLP on 2/14/2019

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

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

Womble Bond Dickinson on 2/1/2019

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

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

Womble Bond Dickinson on 1/31/2019

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

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical

Womble Bond Dickinson on 11/28/2018

The Seventh Circuit Court of Appeals, in the case of Rivera v Allstate Ins. Co., 907 F.3d 1031 (7th Cir. 2018), recently wrestled with a novel question under the FCRA – whether an investigation conducted by third party into...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

Fisher Phillips on 9/15/2017

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

California Court Certifies FCRA Class of Over 40,000 Applicants

Littler on 7/18/2017

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

Ninth Circuit: FCRA Background Check Disclosure Cannot Include Liability Waiver

FordHarrison on 2/6/2017

In a case of first impression, the Ninth Circuit Court of Appeals recently held that a background check disclosure that included a liability waiver violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit is the first...more

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

Clark Hill PLC on 1/27/2017

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

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

Ballard Spahr LLP on 1/25/2017

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

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

MoFo Reenforcement on 5/26/2016

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

Dave & Buster’s faces FCRA class action for alleged background check violations

Robinson+Cole Data Privacy + Security Insider on 2/19/2016

Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the...more

Avoiding Class Action Litigation Under Fair Credit Reporting Act

Davis Wright Tremaine LLP on 9/2/2015

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

Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Spilman Thomas & Battle, PLLC on 6/6/2015

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates...more

CFPB Urges SCOTUS: Hands Off That FCRA Holding

MoFo Reenforcement on 4/4/2015

Time to dust off those federal jurisdiction hornbooks! The Consumer Financial Protection Bureau (CFPB) and Office of the Solicitor General (collectively, “the government”) submitted an amicus brief to the Supreme Court in...more

Class Action Trends in Virginia: Employment Background Reports

Williams Mullen on 2/13/2015

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases...more

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