Showing Posts In "FCRA Class Action Lawsuits" Category

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: […]

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

The swelling tide of class action litigation against employers under FCRA is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the threat to employers is concrete, not merely hypothetical, close to a dozen nationwide class actions were filed in plaintiff-friendly venues during […]

GIS Background Check Class Action Settlement

General Information Services Inc. (GIS) has reached a class action lawsuit settlement over allegations it violated the FCRA when providing information for consumer background check reports. If you were the subject of a criminal background check report that contained information furnished by GIS, you may be entitled to money from the class action settlement. The […]

Background Check Lawsuits: If It’s Not One Thing, It’s Another

On July 1, a federal court in New York certified a class of unsuccessful Hispanic and African-American applicants alleging the U.S. Census Bureau discriminated against them by requiring applicants to provide the Bureau with detailed information about their prior criminal records and improperly rejecting applicants on the basis of their prior criminal records. Houser v. […]

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 […]

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