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Credit Checks

Benesch

InterConnect Newsletter - Q1 2025

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Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead - The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more

Mitratech Holdings, Inc

What Is the Best Background Check for Employers?

Trying to find the best background check for employers? That magical screening tool that will keep your organization and your workers safe? You’re not alone....more

Carr Maloney P.C.

SCOTUS Deepens Circuit Split on Predominance Standard

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The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National...more

Seyfarth Shaw LLP

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

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On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more

Partridge Snow & Hahn LLP

Certain Lease Rental Application Fees Barred as of January 1, 2024

As of January 1, 2024, a Rhode Island law prohibits landlords, rental agents, and property managers from charging application fees in connection with tenant rental applications. Application fees include credit checks,...more

Hinch Newman LLP

FTC Finalizes Credit Karma Order Requiring Hefty Payment and the Cessation of Allegedly Deceptive ‘Pre-Approved’ Claims

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In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for...more

King & Spalding

Eleventh Circuit Reverses District Court’s Denial of Motion to Compel Arbitration in Putative FCRA Class Action

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On April 5, 2021, the Eleventh Circuit reversed a district court’s denial of a defendant’s motion to compel arbitration in a Fair Credit Reporting Act (“FCRA”) lawsuit arising from a former Comcast customer’s re-application...more

Dentons

Bill Relating to Source of Income Moves Through Iowa Legislature

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On Wednesday, February 17, SF252, a bill relating to how landlords treat sources of income in their tenant and applicant decisions, passed the Senate. The bill now moves on to the House....more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK’s Woolard Review Proposes Regulations for BNPL Credit Agreements

On 2 February 2021, the Financial Conduct Authority (the FCA) published a report on the U.K. unsecured credit market (the Woolard Report), which makes several recommendations designed to generate alternatives to high-cost...more

Seyfarth Shaw LLP

Philadelphia Amends Ordinances Regulating Employer Use of Criminal and Credit History Information

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Seyfarth Synopsis: On January 20, 2021, Philadelphia Mayor Jim Kenney signed three bills amending the city’s ordinances regulating employer use of criminal and credit history in employment screening. All employers with...more

Epstein Becker & Green

Philadelphia Expands Ordinance Limiting Employer Use of Credit Checks

On January 20, 2021, Mayor Jim Kenney signed legislation amending the Philadelphia Fair Practices Ordinance, which prohibits covered employers from procuring, considering, or otherwise using a job applicant’s or employee’s...more

Jackson Lewis P.C.

Philadelphia Expands Limits On Employers’ Use Of Applicant or Employee Credit Histories

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An amendment to the City of Philadelphia’s ordinance that restricts the use of credit checks and credit-related information in the hiring, promotion, discipline, or discharge process adds law enforcement agencies and...more

Epstein Becker & Green

House Passes Bill Restricting Employer Credit Checks

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On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways....more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Faegre Drinker Biddle & Reath LLP

Congress Considers Restricting Credit Checks During Hiring

New federal restrictions on hiring practices could be around the corner. Last month, the U.S. House Committee on Financial Services passed a bill titled “Restricting the Use of Credit Checks for Employment Decisions Act”...more

Davis Wright Tremaine LLP

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

Parker Poe Adams & Bernstein LLP

Even if Credit Report Is Accurate, Federal Law Requires Notice of Right to Dispute

The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more

Farella Braun + Martel LLP

California Supreme Court Clarifies Background Check Laws in California

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more

Seyfarth Shaw LLP

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

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Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

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

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Foley & Lardner LLP

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

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Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Proskauer - Law and the Workplace

NOW IN EFFECT: D.C. Law Restricts Employers From Making Credit Check Inquiries

On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported, the Act amends the D.C. Human Rights Act to...more

Dickinson Wright

Recruitment and Wage and Hour Law in Ontario

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What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

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

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977,...more

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