John Hawk IV

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Another “BIG” FCRA class settlement

On Friday, Magistrate Judge David R. Strawbridge of the Eastern District of Pennsylvania granted motions for Final Approval of Class Action Settlement and Award of Attorneys’ Fees and Reimbursement of Expenses in Kelly v....more

2/6/2019 / Attorney's Fees , Background Checks , Class Action , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Settlement Agreements

No Double-Dipping Under FCRA

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

11/14/2018 / Background Checks , Credit Reporting Agencies , Credit Reports , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Federal Trade Commission (FTC) , Hiring & Firing

False report of prison time satisfies Spokeo’s requirement of injury in fact

In Landry v. Thomson Reuters Corp., 2018 U.S. Dist. LEXIS 162741 (D. N.H. Sept. 24, 2018), a putative class action, a key issue was whether the Plaintiff’s amended complaint–which alleged Thomson Reuters Corporation (“TRC”)...more

9/28/2018 / Article III , Background Checks , Criminal Background Checks , Fair Credit Reporting Act (FCRA) , False Reporting , Injury-in-Fact , Job Applicants , SCOTUS , Spokeo v Robins , Standing

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