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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…
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 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…
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…
A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the FCRA when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and…
Fair Credit reporting Act (FCRA) class action lawsuits rose 26.8% from May 2015 to June 2015, and FCRA class action lawsuits rose 67.4% in June 2015 over June 2014, according Consumer Financial Protection Bureau (CFPB) Complaint Statistics. The CFPB Complaint…
The Fair Credit Reporting Act isn’t just about credit. If your company uses background checks in making personnel decisions, the FTC reminds you of your obligations under the FCRA. In honor of Throwback Thursday, here’s an unconventional old-school summary…
The New York Supreme Court has issued an opinion finding that an insurer has a duty to defend and indemnify a national background screening company in two FCRA actions despite the policy’s exclusions of fines and penalties. The plaintiffs sought statutory damages and…
For more than four decades, the FCRA has regulated CRAs that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “miniâ€-FCRAs, including Arizona, California, Maine,…
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the FCRA. In doing so, the Court’s decision raises questions about a widely…