Background Checks: A $600K FCRA Compliance Mistake


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Disclosure and consent agreement

A seemingly minor footnote in Barnes & Noble’s background check disclosure form led to a $600,000 settlement, underscoring the legal risks of Fair Credit Reporting Act (FCRA) noncompliance. The form included a disclaimer stating it was “not legal advice,” violating the FCRA’s requirement for a “clear, conspicuous, and standalone” disclosure. A class action lawsuit followed, with courts finding potential willful disregard of the law. The case highlights how even small deviations — especially in forms used over time — can trigger costly litigation. HR leaders must rigorously audit background screening processes to avoid similar pitfalls.

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