Showing Posts In "FCRA Class Action Lawsuits" Category

AutoZone Hit With Background Screening Class Action

AutoZone is the latest company to have a FCRA class action lawsuit filed against it. The company was hit with a suit for alleged violations of state and federal law in its background screening process. The case, Aceves et al. v. AutoZone Inc, filed on September 30, 2014 in the Central District of California, claims […]

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers Under the Fair Credit Reporting Act

The provisions of FCRA apply to any business entity that seeks to use a “consumer report” – which broadly includes anything from a credit report to a criminal or even motor vehicle background check – for any “employment purposes.” The consequences of a FCRA violation can be substantial; the statute provides for a civil private […]

Class Action Lawsuit Takes Issue with Linkdedin Reference Reports

LinkedIn Corp. has been hit with a class action lawsuit alleging it violates the Fair Credit Reporting Act (FCRA) through its use of its “search for references” feature, which allows prospective employers to obtain information about job applicants. Enacted in 1970, the FCRA regulates the practices of consumer reporting agencies to ensure they protect the […]

FCRA Class Action USB Financial Services

This is a consumer class action based upon Defendant UBS Financial Services, Inc.’s (UBS) violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (FCRA). UBS systematically violates at least two sections of the FCRA: section 1681b(b)(2), by procuring consumer reports about current or prospective employees and deceptively embedding improper release language, […]

Class Action Filed Against Washington Metro Over Background Checks of African Americans

The Washington Metropolitan Area Transit Authority has been named in a lawsuit after the class members claim its background check policies are unfair. The plaintiffs claim the defendants’ actions have disproportionately affected African American applicants resulting in the unnecessary firing of current employees who have a demonstrated track record of successful employment and the denial […]

Swift Makes $4.4 Million Settlement With 160,000 Driver Applicants Over Background Checks

Swift Transportation has agreed to a $4.4 million class-action settlement in the case involving claims that the carrier violated stipulations of the FCRA by not disclosing to driver applicants that it could access background checks and not allowing applicants to contest the carrier’s findings. The settlement applies to any driver applicant for Swift between July […]

LexisNexis Settles Esteem Retail Theft Database Class Action Lawsuit

LexisNexis Risk Solutions Inc. has agreed to settle a class action lawsuit alleging its Esteem “retail theft contributory database” wrongfully labels job seekers as criminals even if they have not been convicted of a crime. The background check class action settlement was approved by a Pennsylvania federal judge who found the settlement terms were “sufficiently […]

Lawsuit Raises FCRA Fears

A class-action lawsuit against Disney serves as a stark reminder that employers better follow the letter of the Fair Credit Reporting Act when it comes to notifying job candidates or employees about adverse actions against them due to something that showed up in a background-screening report. With an increasing number of employers facing lawsuits under […]

Florida Law Firm Files Three Class Action Lawsuits on Same Day against Employers Alleging Violation of FCRA with Background Checks

A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the FCRA by failure to obtain a valid background check consent on an online application process. The three […]

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision. In Reardon v. Closetmaid Corporation, the district court granted summary judgment in favor of a class of more than 1,800 job applicants. The Court ruled that the employer’s consent and disclosure form was improper because […]

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