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 uncommon practice of obtaining consumer reports about applicants or employees constitutes a willful violation of the FCRA as a matter of law. In addition, those disclosures must be made “in a document that consists ‘solely’ of the disclosure.” Employers should review their FCRA disclosure and authorization forms to ensure they do not contain liability waivers or any other information not specifically authorized by the FCRA.

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