Claims brought against employers under the FCRA arising out of one aspect or another of employers’ background investigation procedures have been the litigation de jure recently. Many of these lawsuits have resulted in multi-million dollar settlements. There is a rather pernicious new development in this area. Opportunistic faux job applicants – who have no intention of taking employment with the targeted employers – are completing and submitting employment applications solely to position themselves as the named plaintiff in class action litigation and secure a windfall settlement or litigation recovery. The key take away is that there is a new breed of individuals who are trolling the internet in search of employment applications that arguably fail to comply with the FCRA’s notice and disclosure requirements. Prudence should compel you to re-examine your disclosure forms and ensure fastidious compliance with the FCRA.
Hiring Tips Blog

Phony Job Applicants Targeting Employers Based on Technical Violations of Federal Background Check Law
Jan 1, 2016 | Employment Screening, Fair Credit Reporting Act
Recent Posts
- Cleveland Will Prohibit Salary Inquiries and Require Salary Ranges in Job Postings
- Avoid EEOC Complaints
- The “Gold Standard”
- US Replaces ‘Noncitizen’ with ‘Alien’ in Employment Verification Form of Foreign Workers
- Trump’s Immigration Enforcement Against Employees Has Been Gradual. That May Soon Change.
Categories
- Background Check Compliance (99)
- Background Check Laws (58)
- Background Screening (39)
- Biometric Identification (2)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (176)
- Data Protection & Privacy (96)
- E-Verify Issues (74)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (48)
- Employer Negligence (36)
- Employment Screening (134)
- Fair Credit Reporting Act (108)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (2)
- Hiring Legal Compliance (1)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (85)
- IT and Data Security Hiring (10)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (10)
- Pre-employment Drug Testing (182)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (19)
- Uncategorized (1)
- Wage History Checks (4)