Class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike. In the March 2020 case of Walker v. Fred Moyer, Inc. the plaintiff asserted that the defendant acted willfully when it provided him with a disclosure that included alleged extraneous information. After the trial court granted the defendant’s motion to dismiss, the Ninth Circuit reversed, holding that the last two paragraphs of the defendant’s disclosure (each containing one sentence each) were extraneous. A second appeal is likely in the case.
