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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…
A judge has ruled that a Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court. Donovan Hargrett, who sought employment as a fulfillment associate in Florida, accused the online retailer of violating the FCRA by failing to…
In Syed v. M-I, LLC,the Ninth Circuit held that the Fair Credit and Reporting Act rights notice cannot be combined with any other notice or agreement. In determining that the violation was willful, the Court held that the “ordinary meaning of ‘solely’ is alone; singly…
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…
United Parcel Service of America Inc. (UPS) is facing a class action lawsuit after allegedly using background checks to make employment decisions without providing the results to job applicants or employees. This violation of the Fair Credit Reporting Act (FCRA) could…
Attorney Montserrat Miller’s article is a poignant reminder employers about practices they should implement to help mitigate risk in the hiring process. She wrote “a series of recent class action complaints against employers leads me to write about what employers can…
The Ninth Circuit has determined that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure. In addition, a…
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,…