Navigating FCRA and Debt Collection With Special Guest Bridgeforce's Michelle Macartney — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What Banking Leaders Need to Know About the U.S. Supreme Court Ruling That the CFPB’s Funding Mechanism is Constitutional Part II
The Fair Credit Billing Act: Key Insights and Practical Tips — FCRA Focus Podcast
The Kirtz Decision: FCRA and Government Liability Unpacked — FCRA Focus Podcast
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
2024 Regulatory Hot Topics
The FTC Enforces the Fair Credit Reporting Act
CFPB Advisories on Background Checks and File Disclosures — FCRA Focus Podcast
The CFPB Targets Data Brokers with Latest Proposed Rule
Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — The Consumer Finance Podcast
Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — FCRA Focus Podcast
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
New Developments in the CFPB's FCRA Rulemaking Process — What's Next? — FCRA Focus Podcast and The Consumer Finance Podcast Crossover Episode
RegFi Episode 9: Consumer Data Collection and Usage with Eric Ellman
Our State and Federal Legislative and Regulatory Tracking Products - The Consumer Finance Podcast
CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With FCRA Focus Podcast
CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With The Consumer Finance Podcast
CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With FCRA Focus Podcast - Consumer Finance Podcast
Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more
A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more
You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more
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
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
Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent...more
On January 11, the Massachusetts Court of Appeals ordered that an employee has standing to sue in state court, despite lacking standing to sue in a federal court. The employee (plaintiff) sued a prospective employer for...more
A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more
An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more
A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more
Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more
The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more
Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more
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
Employers in California are frequently faced with class action lawsuits brought by current or former employees. Oftentimes, these actions are brought for alleged wage and hour violations, but we’ve seen an uptick in suits...more
A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the...more
The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
Background checks are a great idea—unless you fail to do them correctly. Mistakes can be costly. One online retailer paid $5 million to settle a class action filed by 454,000 job applicants alleging violations of the Fair...more
Conducting criminal background checks on job candidates is a common practice for employers but one that raises a host of compliance concerns amid a series of federal, state, and local laws and regulations governing how and...more
A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated...more
On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more