The United States District Court for the Northern District of California recently dismissed a proposed class action alleging that LinkedIn was a Consumer Reporting Agency (CSA) under the FCRA and violated the law when it provided an online feature that allows businesses to check applicants’ references on the site without the applicants’ knowledge. The Plaintiffs unsuccessfully argued that the site’s “Reference Search” feature produced “Consumer Reports” (CR) under the law. The Court found that LinkedIn is not a CSA, therefore it could not create a CR. Although this is an indication that Courts are not willing to expand the FCRA’s application to social media, the Court’s ruling is not completely determinative of the issue.
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.
You can contact Barry at 1-949-770-5264 or online at wbnixon@preemploymentdirectory.com