On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another FCRA class action settlement. Employers should treat this settlement as another reminder to verify their compliance with the FCRA. According to the parties’ settlement paperwork, the Brown case involved two claims that appear frequently in FCRA-based background check litigation. In Brown, the plaintiff claimed that the defendants failed to provide class members with a clear and conspicuous disclosure, consisting solely of the disclosure that a consumer report would be obtained for employment purposes, prior to obtaining the consumer report. After the defendants filed a motion to dismiss and the parties engaged in a two-day mediation, the parties reached a $3 million settlement.

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