In the last two years, the number of employment class actions under the federal FCRA has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with the FCRA’s disclosure and authorization requirements. However,…
Posts by Category: Fair Credit Reporting Act
Court Declines to Dismiss FCRA Claim Based on Presence of State Law Notices in Background Check Disclosure
In Lagos v. The Leland Stanford Junior University, the plaintiff alleged the defendant’s background check disclosure violated the FCRA because it included notices regarding background checks required under state law. The court declined to dismiss the…
Within Reach
Organizations leverage background screening when hiring new employees in order to protect themselves from making a costly mistake. But candidates are also protected by federal laws, like the FCRA that help regulate background reports by promoting accuracy and privacy…
Phony Job Applicants Targeting Employers Based on Technical Violations of Federal Background Check Law
Claims brought against employers under the FCRA arising out of one aspect or another of employers’ background investigation procedures have been the litigation de jure recently. Many of these lawsuits have resulted in multi-million dollar settlements. There is a…
Job Applicant’s Class Action Says Sprint’s Employment Credit Report Disclosures Don’t Comply with Federal Law
A Chicago man believes Sprint violated federal law in disclosure forms it provided him before checking his credit when he was applying for a job. And since he believes the company has done the same with others, he has asked a judge to allow him to bring a class action…
Prison Operator GEO Accused of Fair Credit Act Breaches
A private company that operates prisons, and a consumer background reporting firm are violating federal and state fair credit laws by not providing job applicants with timely notice of reports including criminal histories that are used to deny them employment,…
Chipotle Faces Potential FCRA Class Action Lawsuit
A woman who applied for a job at Chipotle Mexican Grill Inc. has filed a putative class action lawsuit against the national restaurant chain. According to the class action lawsuit, Chipotle has violated the FCRA in their application documents by asking applicants to…
Food Lion Parent Company Settles Multi-Million Dollar FCRA Background Screening Class Action
On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another FCRA class action settlement. Employers should treat this settlement as another reminder to verify…
Universal Studios and the FCRA Roller Coaster
Universal Studios Orlando, the theme park and resort owned by NBCUniversal Inc., was hit with a putative class action accusing it of not properly disclosing that it was using credit reports on current and prospective employees to make employment decisions, according…
Georgia Law Taking Effect July 1 Offers FCRA Protections
Effective July 1, 2015, a new law in Georgia – House Bill 328 (HB 328) – will enact similar protections offered to consumers under Section 613 of the federal Fair Credit Reporting Act (FCRA). Georgia HB 328 will amend Part 2 of Article 15 of Chapter 1 of…