It was determined by the U.S. District Court for the Eastern District of Wisconsin that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information contained in the background report rather than the five it promised in the pre-adverse action notice. After notifying the employee of the adverse action decision, the plaintiff was provided with an appeals process that he used to dispute the company’s decision. When it was not successful, he filed a lawsuit, during which the court found the employer had not provided case law to support its position.
Federal District Court Upholds Employer to its Promise in FCRA ‘Pre-Adverse Action’ Notice
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