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LinkedIn Background Checks

Allen Matkins

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

Allen Matkins on

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

Spilman Thomas & Battle, PLLC

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

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

Orrick - Employment Law and Litigation

N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check Theory Under FCRA

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical disclosure and consent...more

Fenwick & West LLP

LinkedIn Reference Search Not Subject To Fair Credit Reporting Act

Fenwick & West LLP on

Finding that LinkedIn’s “Reference Search” function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district court dismissed a putative class action filed on behalf of job applicants who...more

Lewitt Hackman

Claims Dismissed: Social Media Site's Reference Search Not a Background Check

Lewitt Hackman on

Good news for employers using social media to vet job applicants: A Federal District Court recently ruled the technology used in LinkedIn's Reference Search does not constitute a “consumer background check” of employees and...more

Proskauer - Law and the Workplace

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

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

When is a Background Search not a Background Search?

The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that...more

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