FCRA Disclosures: Too Much Information, Not Enough, or Just Right?

The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little.  The plaintiff in Soman v. Alameda Health Sys., applied for a job with the defendant. The defendant-employer provided written disclosures describing the nature and scope of the background check and plaintiff’s rights under FCRA. The FCRA disclosure contained three text boxes that advised applicants of their rights under the laws of four states to obtain a copy of their consumer reports. The FCRA disclosure also contained the contract information for the employer’s vendor who conducted the background investigation, but omitted a digit in the zip code for the vendor. The plaintiff filed suit against the employer alleging FCRA violations.

Given that the plaintiff failed to establish any concrete harm, the plaintiff lacked standing and thus the Court dismissed her claims. The Court essentially ruled that the employer’s FCRA disclosure contained the ‘right’ amount of information and dismissed her FCRA claims with prejudice.

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