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Consumer Reporting Agencies › Disclosure Requirements › Employer Liability Issues

Littler

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

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On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

Polsinelli

Navigating the FCRA’s Standalone Disclosure Requirement

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Since 2011, the number of Fair Credit Reporting Act (FCRA) lawsuits filed annually has continued to climb. The data demonstrates that employers struggle with compliance, especially regarding the FCRA’s disclosure...more

Perkins Coie

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports

Perkins Coie on

The federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes. A “consumer report” is one that has information bearing on the...more

Jones Day

Ninth Circuit Holds State and FCRA-Mandated Disclosures Must Be Separate

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The Situation: The United States Court of Appeals for the Ninth Circuit considered whether an employer's consumer report disclosure form, which contained a combination of disclosures mandated by the Fair Credit Reporting Act...more

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone and the Quest for Clarity

Foley & Lardner LLP on

Ninth Circuit Court of Appeals interprets the FCRA - On January 29, 2019, the Ninth Circuit Court of Appeals issued a far-reaching opinion that will likely impact the hiring process of prospective employers who conduct...more

Snell & Wilmer

Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check...

Snell & Wilmer on

On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a...more

Sheppard Mullin Richter & Hampton LLP

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks

Sheppard Mullin Richter & Hampton LLP on

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

Payne & Fears

Ninth Circuit Clarifies FCRA Disclosure Requirements

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The last few years have brought an increasing number of class action lawsuits filed against employers alleging non-compliance with the Fair Credit Reporting Act ("FCRA"). As part of an evolving trend of narrowly interpreting...more

Akin Gump Strauss Hauer & Feld LLP

The Consumer Financial Protection Bureau Issues Rule That Requires Employers to Update FCRA Summary Of Rights Form

Akin Gump Strauss Hauer & Feld LLP on

• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more

Sherman & Howard L.L.C.

FCRA Disclosure Revisited

Sherman & Howard L.L.C. on

In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or...more

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