On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act (FCRA) disclosure requirements. In Moody v….
Posts by Category: Fair Credit Reporting Act
Spokeo Nixes State Farm Credit Report Suit
A California federal judge recently dismissed a class action in which Bobby Dutta alleged State Farm did not provide him an opportunity to dispute findings on his credit report before denying him employment as an agent. The plaintiff could not prove that any harm had…
JPMorgan Job Seeker Loses FCRA Background Check Suit
A woman who recently lost a JPMorgan Chase Bank NA job offer due to the FBI’s fingerprint background check service also lost the Fair Credit Reporting Act class action because she failed to genuinely demonstrate the claim. The bank’s request was granted…
‘Overbroad’ $1M Deal For Job Seekers, Screening Co. Nixed
A class of job seekers and background check company S2Verify must go back to the drawing board over their proposed $1 million settlement to close a Fair Credit Reporting Act case because it is “overbroad,” a California federal judge said Monday. S2Verify, which…
A Middle Name – or Lack Thereof – Triggers FCRA Liability
Background screening company LexisNexis recently was required to pay $375,000 in damages when a client was bought out by another company who used its services to screen current employees to determine hiring eligibility. LexisNexis failed to use the middle name of an…
Supplemental Briefs Submitted to the Ninth Circuit for Decision in Spokeo Case
After the Supreme Court vacated and remanded the Ninth Circuit’s decision in Spokeo, Inc. v. Robins, the parties again appeared before the lower court, arguing over whether a purely technical violation of the FCRA is sufficient to satisfy the concreteness requirement…
Spokeo Based Motion to Dismiss Filed in Pennsylvania Federal Court
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority (SEPTA). SEPTA allegedly extended each of the plaintiffs a conditional offer of employment,…
Serial FCRA Plaintiff Falls Short
After a battle of motions between the parties, a Wisconsin federal judge dismissed a proposed class action for alleged violations under the FCRA against Cory Groshek. Why is this important? Well, some of you may be familiar with Groshek as he is a noted (some may say…
‘Professional Plaintiff’ Uses Credit Law To Threaten Companies, Win $230,000 In Settlements
In January 2015, CoryGroshek sent a 2,300-word missive to representatives for Time Warner Cable, threatening to sue for violations of a consumer-protection law called the Fair Credit Reporting Act. The message relayed Groshek’s confidence that he could win a…
Philadelphia Limits Employer Use of Credit Information
Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair Practices Ordinance approved by City Council…