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Motion to Dismiss › Willful Violations

McGlinchey Stafford

Litigation Byte (November Edition)

McGlinchey Stafford on

A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

Littler

Employers Prevail in FCRA Class Actions

Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Williams Mullen

Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Williams Mullen on

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

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