Showing Posts In "FCRA Class Action Lawsuits" Category

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 […]

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 […]

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