News & Analysis as of

Fair Credit Reporting Act (FCRA) Screening Procedures

Burns & Levinson LLP

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

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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

Ballard Spahr LLP

CFPB and FTC announce settlements with TransUnion

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The CFPB and FTC announced last week that they had entered into a settlement with Trans Union LLC (TU LLC) to resolve a lawsuit filed jointly in a Colorado federal district court by the agencies alleging that TU LLC and its...more

Troutman Pepper

Trans Union Settles for $15 million with CFPB and FTC Over Tenant Screening Reports

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A new enforcement action provides more detail on the expectations of the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) for the content of tenant screening reports....more

Ballard Spahr LLP

FTC recommends use of written adverse action notices by housing providers

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A new FTC blog post titled “Tenant background check reports: Put it in writing” reminds landlords, property managers, and other housing providers of their obligation under the Fair Credit Reporting Act to provide notice of...more

Hudson Cook, LLP

White House Consumer Fee Focus Turns to Rental Housing Fees, Disclosures

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The White House today brought attention to new state laws and voluntary industry practices that limit fees charged to renters and increase the transparency of those fees, noting the burden such fees impose on American...more

Troutman Pepper

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

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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

The 411 on Employment Background Checks in Transactions

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Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

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The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

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Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Littler

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

Littler on

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more

Jackson Lewis P.C.

Philadelphia Enacts Key Changes To ‘Ban The Box,’ Credit Screening Ordinances

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Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...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

Troutman Pepper

Ten Key FCRA Decisions of 2020

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The year 2020 was an unprecedented year, but one thing remained constant: the number of Fair Credit Reporting Act (FCRA) case filings continued to increase dramatically. In addition to new filings, the year saw several key...more

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...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

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

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Spilman Thomas & Battle, PLLC

Between A Rock And A Hard Place: Avoiding Accidental Liability Under FCRA for Background Checks

Many employers use background checks to guarantee it hires the best candidates—and to minimize legal liability for claims like negligent hiring. Unfortunately, this attempt to prevent one type of liability may...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

Pierce Atwood LLP

The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.

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In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The...more

Seyfarth Shaw LLP

Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 14, 2019, the Ninth Circuit Court of Appeals added to the ongoing line of decisions in the Moran v. The Screening Pros saga, holding that under the Fair Credit Reporting Act’s rule prohibiting...more

Littler

Ruling Raises Important Considerations for Independent Contractor Background Screening

Littler on

A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more

McGuireWoods LLP

California Court of Appeals Joins FCRA’s Mad Tea Party

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The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...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

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