9th Circuit Court Rules FCRA Disclosure Can Be Provided with Other Employment Materials

Fair Credit Reporting Act Affirming the district court’s summary judgment in favor of the defendant, the panel held that an employer does not violate the Fair Credit Reporting Act by providing an FCRA disclosure simultaneously with other employment materials, and by failing to place an FCRA authorization on a standalone document. The panel held that 15 U.S.C. § 1681b(b)(2)(A)(i), forbidding procurement of a consumer report for employment purposes unless “a clear and conspicuous disclosure has been made in writing to the consumer . . . in a document that consists solely of the disclosure,” does not prohibit the presentation of the disclosure together with other application materials. The panel held that the co-presentation of the disclosure and an authorization did not render the disclosure either clear nor conspicuous. Further, the FCRA requires only that a consumer authorization be “in writing,” not that it be put in a clear and conspicuous, standalone document.

Read more

Post By Ken Shafton (399 Posts)