The Fourth Circuit Court of Appeals recently vacated a $12 million judgment against Experian Information Solutions, Inc.. The class action alleges violations of the Fair Credit Reporting Act (FCRA), claiming the plaintiff lacked constitutional standing because he did…
Posts by Category: Credit Checks
Oregon House Votes to Protect Online Consumer Privacy
The Oregon House of Representatives overwhelmingly voted for House Bill 2090, which makes it an unlawful trade practice, enforceable by the Attorney General, if a company or a person uses, discloses, collects, maintains, deletes or disposes of consumer information in…
Ninth Circuit: “Solely” Means “Solely” When it Comes to FCRA-Mandated Disclosures
The Ninth Circuit recently tackled the meaning of the word “solely” in considering the legality of an employer’s inclusion of a prospective waiver as part of the Fair Credit Reporting Act-mandated disclosures. In Syed v. M-I, LLC, the Ninth Circuit found that the not…
District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions
Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant’s or employee’s credit information for employment purposes. The prohibition does not apply to certain law enforcement and financial positions, among…
Wegmans Accused of Fair Credit Violations
Wegmans Food Markets has been accused of violating the Fair Credit Reporting Act (FCRA) in a lawsuit alleging the company failed to give proper notification to job applicants and employees prior to a routine consumer background screening process. The two accusers,…
D.C. Bill Protects Job Applicants’ Credit Histories
Washington, D.C., has joined 11 states, New York City and Chicago in an effort to prevent employers from conducting credit history screens for job applicants. The D.C. Council Judiciary Committee unanimously passed The Fair Credit in Employment Amendment Act, which…
Receipt of Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
The District Court for the Central District of California found in favor of consumer standing in the case of Spokeo, Inc. v. Robins. A similar case, Rodriquez v. El Toro Investors Ltd., is focused on an alleged violation of the Fair Credit Reporting Act. In this case,…
McDonald’s Workers Near Ok On Credit Checks Deal
A California federal judge on Monday said he would approve a McDonald’s operator’s $950,000 deal to end claims that it violated the Fair Credit Reporting Act by running credit checks on over 2,500 job applicants without making the disclosures required by…
NJ Bank Sued by Job Applicants Over Credit Reports
New Jersey’s Valley National Bank is facing a putative class action in federal court after violating the federal fair credit reporting law when the company obtained consumer reports on job applicants without first informing the candidates. The suits seek damages…
Illinois Appellate Court Reminds Employers of Restrictions on Credit Checks
Neiman Marcus was found guilty of violating the Illinois Employee Credit Privacy Act when a conditional offer of employment for an entry level sales associate was rescinded after the store ran a credit check that revealed judgments against her. The store argued for…