News & Analysis as of

Employer Liability Issues Credit Reporting Agencies

Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Troutman Pepper

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

Troutman Pepper on

Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

McDermott Will & Emery

Update for Employers Regarding Changes to Background Check Summary of Rights Form Coming Soon

The Consumer Financial Protection Bureau (CFPB) recently released an updated version of the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice to job applicants and employees required in connection with...more

Littler

Ninth Circuit Rules Only Named Plaintiff Must Have Article III Standing For Class Certification

Littler on

In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury...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

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

Stinson LLP

Employers Must Update Summary of Rights Notice After FCRA Amendment

Stinson LLP on

Amendments affecting notice requirements under the Fair Credit Reporting Act (FCRA) went into effect on September 21, 2018. These amendments were part of the Economic Growth, Regulatory Relief, and Consumer Protection Act...more

Womble Bond Dickinson

FCRA Filings on the Rise

Womble Bond Dickinson on

Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints...more

Troutman Pepper

Employers Must Utilize New Fair Credit Reporting Act (FCRA) Summary Of Rights Form

Troutman Pepper on

Q: My company uses a third-party vendor to conduct background checks on prospective employees.  We heard there is a new model for the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice.  Should we be using...more

Snell & Wilmer

Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Snell & Wilmer on

Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”)....more

Mintz - Employment Viewpoints

New FCRA Notice Requirements Now In Effect

Earlier this month, the Consumer Finance Protection Bureau (CFPB) issued updated model disclosure forms required under the federal Fair Credit Reporting Act (FCRA). The updated “Summary of Your Rights Under the Fair Credit...more

Arnall Golden Gregory LLP

Compliance News Flash

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

Littler

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

Littler

FTC Releases Updated FCRA Guidance On Background Checks

Littler on

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

Stoel Rives LLP

California Court Limits Defenses Available to Employers Requesting Employee Background Checks

Stoel Rives LLP on

Background checks can provide California employers with vital information concerning their employees. In order to protect individual privacy rights, however, the California legislature has created two separate laws governing...more

Blank Rome LLP

New York City Law Restricts Employers' Use of Employee or Applicant Consumer Credit Checks

Blank Rome LLP on

Action Item: New York City employers should evaluate their application and employment policies to ensure compliance with a new law regarding the request and use of applicant and employee consumer credit history that will go...more

Patterson Belknap Webb & Tyler LLP

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request...more

Mintz - Employment, Labor & Benefits...

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

Williams Mullen

Class Action Trends in Virginia: Employment Background Reports

Williams Mullen on

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases...more

Williams Mullen

2014 Survey Of Class Action Cases In Virginia: The Statistics

Williams Mullen on

In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more

Foley & Lardner LLP

Watch Your Back: The Growing Threat of FCRA Background Check Class Actions

Foley & Lardner LLP on

Class action suits against employers alleging a violation of the Fair Credit Reporting Act when using background checks performed by a credit reporting agency have more than tripled in 2014, with new cases continuing to be...more

Proskauer - Law and the Workplace

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide