News & Analysis as of

Credit Reports Hiring & Firing

Jackson Lewis P.C.

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

Jackson Lewis P.C. on

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

Bowditch & Dewey

Proposed Changes in Massachusetts that Would Bar Use of Credit Reports by Employers

Bowditch & Dewey on

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 bill is expected to pass the Senate and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Burns & Levinson LLP

If You Use Background Checks to Vet New Employees, Don’t do This….

Burns & Levinson LLP on

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Littler

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

Littler on

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

McGlinchey Stafford

Fair Credit Reporting Act: Policy Check In – Permissible Purpose

McGlinchey Stafford on

Now, more than ever, consumer report information impacts the everyday life of consumers in a meaningful way. Not only are consumer reports used by creditors, but also employers, insurers, landlords, and more. It should...more

FordHarrison

The New Captain America

FordHarrison on

How to Hire a Super Hero - An employer subject to the Fair Credit Reporting Act (FCRA) and state “mini-FCRA” laws, which are generally more restrictive than the FCRA, can obtain investigative consumer reports, i.e.,...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

Troutman Pepper on

The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

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

Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions

The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions that held: ..background check disclosures may contain some concise explanatory language, but...more

Parker Poe Adams & Bernstein LLP

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

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

Epstein Becker & Green

House Passes Bill Restricting Employer Credit Checks

Epstein Becker & Green on

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

Littler

Littler Global Guide - Puerto Rico - Q4 2019

Littler on

Employers in Puerto Rico Precluded from Using Credit Reports or Credit History for Employment Actions - New Legislation Enacted - On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8,...more

Jackson Lewis P.C.

New Puerto Rico Law Limits Employers’ Use Of Credit Reports In Employment Decisions

Jackson Lewis P.C. on

Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from...more

Littler

New Legislation Precludes Employers in Puerto Rico from Using Credit Reports or Credit History to Take Employment Actions

Littler on

On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8, 2019 (“Act 150” or “the Act”), which prohibits employers from, among other actions, verifying or investigating credit history or credit...more

Ballard Spahr LLP

CFPB and FTC to host workshop on credit report accuracy

Ballard Spahr LLP on

The CFPB announced that it will host a public workshop with the FTC on December 10, 2019 to discuss issues affecting the accuracy of both traditional credit reports and employment and tenant background screening reports....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

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone - Ninth Circuit Court of Appeals Interprets the FCRA

Foley & Lardner LLP on

On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of...more

Nilan Johnson Lewis PA

Court Sheds More Light on Information That Can't Be in Background Check Disclosures

On January 29, the Ninth Circuit issued an important decision clarifying what can and can’t be included in the background check disclosures mandated by the Fair Credit Reporting Act (FCRA) and California’s Investigative...more

Womble Bond Dickinson

An Overview of Damages Recoverable Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly...more

Womble Bond Dickinson

Wal-Mart Hit With Certification of Massive FCRA Class Action

Womble Bond Dickinson on

In recent months, we have seen a large uptick in FCRA class actions. If you’re a regular reader here at FCRALand, you may recall the Stanford class action filed in October 2018, the PetCo class settlement in November 2018,...more

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

South Carolina Legislative Update: Bills to Watch

South Carolina is not known as a hotbed of legislative action protecting employee rights, let alone creating new ones. However, several bills are pending in the state legislature that, if passed, would impact South Carolina...more

McNees Wallace & Nurick LLC

Fair Credit Reporting Act Remains Fertile Ground for Compliance Issues and Litigation

The Fair Credit Reporting Act (“FCRA”) has been a fertile area for lawsuits against employers. Recently, the Third Circuit Court of Appeals provided yet another warning for employers regarding compliance with the FCRA. ...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

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