The recent ruling in In re: Michaels Stores, Inc., Fair Credit Reporting Act (FCRA) Litigation confirms the significance of the Spokeo decision and also provides FCRA defendants with additional ammunition to use in fighting statutory violation claims where damages are lacking. The suit was based upon the consolidation of three proposed class actions alleging the store failed to clearly and conspicuously announce its intent to obtain background checks in a separate document containing only that disclosure – a violation of the FCRA. The court found that there was no informational injury and there was no invasion of privacy. The decision from the District of New Jersey helps define the concrete harm requirement.
Hiring Tips Blog

Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over Michaels Employment Disclosures
Apr 15, 2017 | Background Check Compliance, Fair Credit Reporting Act
Recent Posts
- I-9 Audits and Site Visits: How Construction Employers Can Prepare Before the Feds Come Knocking
- DOJ Accuses Illinois of Interfering with Federal Immigration Policy Via Workplace Privacy Law
- California Privacy Protection Agency Fines Retailer Over CCPA Violations
- Joyce, Jeffries Reintroduce Bipartisan Legislation to Prepare for Inevitable End to Federal Cannabis Prohibition
- Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s DisabilityDiscrimination Claim
Categories
- Background Check Compliance (100)
- Background Check Laws (59)
- Background Screening (41)
- Biometric Identification (2)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (177)
- Data Protection & Privacy (99)
- E-Verify Issues (74)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (48)
- Employer Negligence (36)
- Employment Screening (135)
- 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 (87)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (11)
- Pre-employment Drug Testing (184)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (19)
- Uncategorized (1)
- Wage History Checks (4)