Showing Posts In "FCRA Class Action Lawsuits" Category





In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury for Failure to Provide Stand Alone Notice

Employers who dont comply with regulations of the Fair Credit Reporting Act (FCRA), including for violations like failure to provide notice to applicants in a stand-alone format and getting written permission before running the background check, could face expensive and time-consuming class action lawsuits of up to $1,000 per violation. But, after the concrete injury […]


FCRA Litigation Continues for Employers Using Background Reports

Two recent developments related to litigation and background screening. First, a major fast food restaurant chain became the subject of a class action complaint, and second, a major business technology and services provider settled a class action complaint, the terms of which are sealed. In both cases, plaintiffs alleged willful violations of the FCRA for: […]


Kmart Settles FCRA Class Action for $3 Million

Kmart Corporation has agreed to a $3 million settlement stemming from allegations that it violated the Fair Credit Reporting Act (FCRA) when using background checks to make employment decisions. The class-action suit alleged Kmart violated the FCRA by failing to provide “certain specific disclosures before it use[d] the report for an adverse action.” The putative […]


Is Mickey in Trouble? Disney Defends its Background Screening Policies

The company known for their signature character, Mickey Mouse, is defending a class action claim based on questions about its background screening policies. A lawsuit was filed against the Walt Disney Co. and the complaint alleges that Disney’s policy for notifying applicants about background checks has violated the FCRA. The plaintiff is alleging that Disney […]


Four Words the Fair Credit Reporting Act has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me the Money!”

Over the past few years, the Fair Credit Reporting Act (FCRA), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party vendor, has become a hot-button employment issue, and a lucrative one for class action plaintiff attorneys. Similar to other class actions involving […]


Walt Disney Company and First Choice Background Screening are Subjects of FCRA Class Action Claims

Two class action complaints were filed recently in the Superior Court of California County of Los Angeles court alleging violations of the FCRA. The cases are Culberson v. The Walt Disney Company and Ruffing v. First Choice Background Screening . The claim against Disney is that they knowingly violated the FCRA by failing to provide […]


New Reasons to Take a Fresh Look at your Background Check Practices

This an opportune time for employers to re-evaluate their background check practices. On April 25, 2012, the EEOC issued an updated Enforcement Guidance to employers on how to properly consider job applicants’ criminal histories under Title VII of the Civil Rights Act of 1964 (Title VII). The revamped guidelines reinforce the EEOC’s long-held position that […]


FCRA Violations Against Background Screener Results In $18.6 Million Settlement

Plaintiffs’ counsel filed a Motion for Preliminary Approval of a Proposed Class Action Settlement against two Verisk Analytics companies – Intellicorp Records, Inc. and InsuranceInformation Exchange, LLC – for alleged violations of the Fair Credit Reporting Act (“FCRA”). The matter is pending in the United States District Court Northern District of Ohio and the consolidated […]


FCRA Violations Leads to $2.6 Million Settlement in a Class Action Lawsuit

On April 19, 2011, Vitran Express Inc. agreed to a $2.6 million settlement in a class action resulting from Vitran’s alleged failure to comply with the Fair Credit Reporting Act (FCRA) when conducting applicant background checks. Specifically, the plaintiffs claimed that the company failed to abide by the notice and the risks disclosure requirements of […]


Criminal Background Checks: Reviewing the Year in FCRA Class Action Settlements

While much attention has been paid this year to the Equal Employment Opportunity Commission’s (“EEOC’s”) agenda and litigation over criminal background checks (the agency asserts such background checks have a disparate impact on minority groups), a parallel challenge kept pace in the form of private class action litigation under the Fair Credit Reporting Act (“FCRA”). […]




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