Tennessee’s background check laws require employers to follow specific guidelines when conducting criminal background checks. Employers must comply with federal regulations, including the Fair Credit Reporting Act (FCRA), and consider how criminal history impacts…
Posts by Category: Fair Credit Reporting Act
WebRecon Feb 2025 Stats: Mixed Month for Consumer Statutes, CFPB Complaints Way Up
February FCRA lawsuits were up (+8.2%), however, YTD lawsuits are actually the opposite, down (-0.1%).Continuing last year’s trend, CFPB complaints are still going strong. They are down -28.4% for Feb but still up 150% YTD, which goes to show how volatile the numbers…
Ruling Raises Important Considerations for Independent Contractor Background Screening
A decision by the Southern District of Iowa in Smith v. Mutual of Omaha Insurance Company has provided some hope for those seeking ways to defend against Fair Credit Reporting Act (FCRA) class action claims. The plaintiff in the case claimed he did not obtain a…
Ninth Circuit Weighs in on Calculating the FCRA’s Seven-Year Reporting Rule
The Ninth Circuit Court of Appeals recently weighed in on a Fair Credit Reporting Act (FCRA) case in which the plaintiff sued a consumer reporting agency (CRA) for issuing a tenant screening background check report on him that contained his criminal history, claiming…
Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information
The Eleventh Circuit recently dismissed putative class action suit Hunt v. JP Morgan Chase Bank, Nat’l Ass’n, holding that the bank had not violated its duties as a furnisher of consumer information when it reported that a customer’s account was past due even though a…
Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!
The Ninth Circuit Court of Appeals recently granted a dismissal for lack of standing in Mitchell v. Winco Foods. The Fair Credit Reporting Act (FCRA) case was dismissed when the Ninth Circuit agreed that Mitchell failed to establish the requisite standing because she…
How to Ward Off the Rising Number of Background Check Class Actions Summary
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
Ohio Court Throws Out FCRA Case Based on Initial Grade
Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She filed a putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act (FCRA) after General…
Background Screening Company Defeats FCRA Claim with Standing and Effective Procedures Defenses
An Ohio plaintiff’s claim under the Fair Credit Reporting Act (FCRA) was thrown away because he couldn’t show that the report caused him an injury or that the background screening company failed to maintain reasonable procedures to ensure accuracy. Thomas Black filed…
Former Employees Hit Naples Hotel Group with FCRA Class Action Over Background Checks
A putative Fair Credit Reporting Act (FCRA) class action, filed Feb. 13 in the Ninth Judicial Circuit Court in Orange County, Fla., has been removed by Naples Hotel Group LLC. The lawsuit alleges that Naples “improperly obtained and used consumer reports about…