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The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
As artificial intelligence (“AI”) technology continues to advance, more and more people are logging on and experimenting with the technology. ChatGPT, one free and popular AI, is reportedly the fastest-growing consumer...more
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more
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
Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29,...more
The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc....more
Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check. In Santangelo v. Comcast Corporation, 2018 WL...more
New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more
FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more
Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more
There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more
Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more
In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more
SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more