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: Failure to provide individuals with a pre-adverse action disclosure containing a copy of their consumer report and a description of their rights under the FCRA as well as the opportunity to dispute the accuracy of the information contained in the consumer report; and Failure to make the proper disclosure regarding a background check in a stand-alone document, separate from the employment application, and obtain the proper authorization.
Read more
