Volume 10, Edition 7, July 2014

This Month’s Challenge is sponsored by:



Answer: (B) This is a situation which would likely make it past the motion to dismiss stage and result in having to defend the lawsuit on the issue of whether or not the CRA's procedures were reasonable. See Haley v. Talentwise, Inc., 2014 U.S. Dist. LEXIS 46312 (W.D. Wash. Apr. 2, 2014).

In preparing a report for ABC Corporation on an employee applicant, a refusal to submit to a breathalyzer charge mistakenly gets reported twice on the report to ABC with two different dispositions. Could this duplicative report result in a viable lawsuit?

A. Yes.

B. Yes, if it is determined that the CRA did not follow reasonable procedures.

C. No.

D. No, CRAs are not liable for mistakes in reports.


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