Class actions alleging technical violations of the FCRA against employers who obtain consumer reports on job applicants are all the rage, generating large settlements and headlines. Perhaps bucking this trend, a federal judge in California recently dismissed a…
Posts by Category: Fair Credit Reporting Act
Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”
What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act (“FCRA”). Although Congress…
FCRA Class Action Lawsuit Filed Against Pizza Hut
In a complaint filed January 15, 2015 in the Southern District of New York the Plaintiff – Alberto Rivera, a job applicant at a Bronx, NY location – alleges Pizza Hut violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and…
Another FCRA Class Action Lawsuit Crafted Against Michaels
A second class action lawsuit alleging improper background checks on job applicants was filed in federal court in Texas against the retail craft supply chain Michaels Stores Inc. The plaintiff argues that Michaels violated the federal Fair Credit Reporting Act (FCRA)…
Paramount Slapped With Class Action Over Credit Reports For Job Applicants
Looks like there was something prickly buried in the fine print for one prospective employee and maybe many more. Paramount Pictures has been hit with a lawsuit over allegedly not telling job applicants exactly how deep into their past it intends to look. “This…
Fair Credit Reporting Act (FCRA) Preempts Tortious Interference Claim, Says NJ Court
The Fair Credit Reporting Act specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In a recent decision-Saget v. Wells Fargo Bank, N.A., No. 2:13-03544(WJM), 2014 WL 4494801 (D.N.J. Sept. 10,…
The FCRA is the new FLSA
Recent multi-million dollar settlements highlight the importance for employers of complying with the Fair Credit Reporting Act (FCRA) and highlight that, when it comes to class action lawsuits in the employment-law context, the FCRA is the new FLSA (Fair Labor…
The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers
The swelling tide of class action litigation against employers under FCRA is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the…
Florida Law Firm Files Three Class Action Lawsuits against Employers Alleging Violation of FCRA with Background Checks
A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the FCRA by failure to obtain a valid background…
Senate Bill Targets Credit Furnisher Responsibilities Under FCRA
The Stop Errors in Credit Use and Reporting (SECURE) Act of 2014 ( S.2224,) was introduced in the U.S. Senate. The bill would amend the Fair Credit Reporting Act (FCRA) to place new requirements on both credit reporting agencies and companies that furnish information…