News & Analysis as of

Background Checks Federal Trade Commission (FTC) Fair Credit Reporting Act (FCRA)

Mitratech Holdings, Inc

Understanding Adverse Action: A Guide For HR Professionals

You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more

Davis Wright Tremaine LLP

October 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

Dechert LLP

Dechert Cyber Bits - Issue 41

Dechert LLP on

FTC Finalizes Settlement with 1Health.io For Allegations It Failed to Protect Customers’ DNA Data - On September 6, 2023, the Federal Trade Commission’s agreement with the genetic testing firm 1Health.io Inc. – formerly...more

Orrick, Herrington & Sutcliffe LLP

FTC fines two companies $6M for inaccurate background reports

The FTC fined two companies that sell consumer background reports through subscriptions for violations of the FTC Act and Fair Credit Reporting Act (“FCRA”). In addition to allegedly claiming, without substantiation, to have...more

Sheppard Mullin Richter & Hampton LLP

FTC Settles FCRA Suit Against “People-Search” Companies

On September 11, the FTC announced that it had reached a settlement with two “people-search” companies which would resolve charges that the companies had engaged in practices that violated the Fair Credit Reporting Act...more

Cozen O'Connor

The State AG Report – 9.14.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Minnesota AG Investigates Student Loan Debt Relief...more

Ballard Spahr LLP

FTC Settles With Background Report Companies for FCRA Violations and Deceptive Acts

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The Federal Trade Commission (“FTC”) on September 11, 2023, settled a claim against a group of affiliated entities operating a background reporting business, Instant Checkmate, LLC, TruthFinder, LLC, The Control Group Media...more

Ballard Spahr LLP

FTC recommends use of written adverse action notices by housing providers

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A new FTC blog post titled “Tenant background check reports: Put it in writing” reminds landlords, property managers, and other housing providers of their obligation under the Fair Credit Reporting Act to provide notice of...more

Troutman Pepper

2020 Consumer Financial Services Year in Review & A Look Ahead

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2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Arnall Golden Gregory LLP

Compliance News Flash - February 2021 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Ballard Spahr LLP

FTC settles claims alleging tenant background screening company failed to use reasonable procedures to assure the accuracy of its...

Ballard Spahr LLP on

The Federal Trade Commission recently announced that it settled an action it filed against AppFolio, Inc. (“AppFolio”), regarding alleged unfair or deceptive acts or practices, in violation of Section 5 of the FTC Act, 15...more

Womble Bond Dickinson

Tenant Background Screening Company Settles With FTC for $4.25 Million

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On December 8, 2020, AppFolio, Inc. reached a settlement with the FTC for alleged violations of the FCRA to the tune of $4.25 million.  AppFolio provides tenant background screening reports about consumers to property...more

Arnall Golden Gregory LLP

Compliance News Flash - December 2020 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

McDermott Will & Emery

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...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

Arnall Golden Gregory LLP

FTC Reaches $3 Million Settlement with a Tenant Screening Company Over Alleged FCRA Accuracy-Related Violations

On October 16, 2018, the Federal Trade Commission (“FTC”) announced that RealPage Inc. (“RealPage”), a Texas consumer reporting agency focused on tenant screening, has agreed to pay $3 million to settle charges brought by the...more

Arnall Golden Gregory LLP

Compliance News Flash

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

Arnall Golden Gregory LLP

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

Littler

FTC Issues "Advice" on Background Check Disclosure and Authorization Forms

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

Kramer Levin Naftalis & Frankel LLP

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

Arnall Golden Gregory LLP

Tenant Screening and the FCRA

The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key responsibilities of...more

Arnall Golden Gregory LLP

FTC and CFPB Update

Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments. Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White from the Federal Trade...more

MoFo Reenforcement

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

MoFo Reenforcement on

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

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