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Plaintiff Jeremy R. Lusk has filed a class action lawsuit against Five Guys Burgers. The former employee claims the company violated the Fair Credit Reporting Act (FCRA) and California labor law when it conducted background checks on employees without properly…
The Fair Credit Reporting Act’s (FCRA) hyper-technical disclosure and authorization requirements are competing with compliance of criminal background check laws as a source of litigation risk for employers. The Federal Trade Commission (FTC) recently released the…
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…
In January, the United States District Court for the District of Kansas granted partial preliminary approval to the class settlement in Lengel v. HomeAdvisor, Inc., No. 15-2198-KHV. The plaintiff alleged that the company violated the Fair Credit Reporting Act (FCRA)…
Courts have been struggling to define the contours of standing in “no injury” ever since the Supreme Court decided Spokeo, Inc. v. Robins last year. The District of Minnesota recently granted a motion to dismiss a Fair Credit Reporting Act (FCRA) claim in which a…
In March, the United States District Court for the Central District of California granted final approval of a Fair Credit Reporting Act (FCRA) class action against McDonald’s. James Wesley Carter alleged that the fast-food restaurant violates rights of consumers by…
This month, the U.S. District Court for the Northern District of California declined to preliminarily approve a class action settlement of the Fair Credit Reporting Act (FCRA) claim because the payment to class members was unreasonably low. In Lagos v. Leland Stanford…
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…
Employers have been struggling to understand their responsibilities under the Fair Credit Reporting Act (FCRA) as plaintiffs change their focus from traditional background check compliance to targeting employers’ use of social media accounts and internet search…
The U.S. Court of Appeals for the Ninth Circuit recently ruled in Syed v. M-I, LLC that a prospective employer violated the Fair Credit Reporting Act (FCRA) when it obtained a job applicant’s consumer report after including a liability waiver in the required…