FCRA CLASS ACTION LEGAL INDEX FOR 2023 FROM THE BACKGROUND BUZZ |
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Coinbase Reaches $100M Settlement Over Background Check Failures
January | National: Coinbase has been found to have violated anti-money laundering laws by failing to conduct adequate background checks and will pay a significant fine.
Online Public Records Aggregators Not Protected from FCRA Suit by Section 230
January | National: The ruling in Henderson v. The Course for Public Data, L.P., et al, is expected to influence the ongoing Communications Decency Act (CDA).
Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims
February | Pennsylvania: It was the court’s ruling in Ramos v. Walmart that plaintiffs have up to six years to file claims against employers for improper use of criminal history.
A California Unicorn: Court Issues Favorable Background Check Ruling for Employer in Class Action
February | California: An employee’s class action claiming that an employer’s background check form was defective was dismissed because the worker could not demonstrate actual harm or injury.
O’Reilly Auto Parts FCRA Background Check $950K Class Action Settlement
February | California: The plaintiffs in a class action against the auto parts store claimed it violated the FCRA when seeking consent to run a background check as part of the application process.
April | Pennsylvania: A national credit reporting agency’s motions for class decertification and summary judgment in a case involving alleged violations of the FCRA’s reinvestigation provision has been denied.
DHL Will Pay $2.7M to Settle Class Action Challenging ‘Blanket Box’ Criminal History Policy
April | Illinois: DHL has been ordered to pay $2.7 million for having a pre-hire criminal history screening policy that disproportionately affected Black and Hispanic applicants.
District Court Preliminarily Approves $2.7 Million FCRA Settlement
June | California: A class action settlement has been preliminarily approved, requiring Credit Bureau Connection, Inc., to pay $2.7 million to resolve allegations that it provided false information on credit reports to auto drivers.
July | New York: It has been ruled that a claimed inaccuracy is potentially actionable under the FCRA if the challenged information is objectively and readily verifiable.
Calif. FCRA Ruling Boosts Technical Claim Defense
July | California: It has been determined that the FCRA does not confer standing on plaintiffs to sue in state court, absent any allegation of concrete injury.
Kaiser Agrees to Settle FCRA Class Action Lawsuit
July | California: In a class action complaint, it was determined that Kaiser violated the FCRA when it failed to provide a disclosure and authorization form to perform a background investigation.
Calif. FCRA Ruling Boosts Technical Claim Defense
July | California: A recent decision in Limon v. Circle K Stores Inc. has shifted the landscape for technical FCRA claims.
October | California: TruthFinder and Instant Checkmate must pay nearly $6 million for deceiving consumers about existing criminal records.
FTC Settles FCRA Suit Against ‘People-Search’ Companies
October | California: Two “people-search” companies have been hit with a hefty fine for engaging in practices that violated the FCRA through deceptive marketing practices.
November | Florida: A court has ruled that a consumer does not have to prove actual damages to recover statutory damages for willful violations of the FCRA.
December | Florida: A lawsuit against Healthcare Recovery Group, LLC, alleges the business failed to follow reasonable procedures to ensure the accurate preparation of consumer credit reports.
December | California: The plaintiff in a case against UPS alleged the company violated the stand-alone disclosure requirements of the FCRA; however, the allegations were dismissed.