ALL OTHER LEGAL INDEX FOR 2022 FROM THE BACKGROUND BUZZ
January | Wisconsin: Recent decisions by the LIRC suggest that administrative law judges may consider whether the facts underlying a charge or conviction were related to a history of domestic violence.
February | National: The CFPB has published an updated list of consumer reporting companies to encourage consumers to seek access to their files and sue for suspected FCRA violations.
February | National: The FTC and the DOJ reached a settlement with MyLife.com, banning the business from engaging in deceptive negative option marketing.
February | National: The FMCSA regulation 391 outlines the minimum qualifications for commercial motor vehicle drivers to help ensure they are qualified to be on the road.
February | National: Anti-discrimination laws are popping up all across the country to prevent race-based hair discrimination, as well as discrimination based on conviction record and cannabis use.
February | National: All entry-level drivers are required to complete a combination of theory and behind-the-wheel training from providers listed on the new Training Provider Registry.
March | California: A new bill will permit searching and filtering of background check results based on a defendant’s license number or date of birth, or both.
April | Arizona: Nineteen bills were signed into law, strengthening employee background checks most notably for nursing home and assisted living facility employers.
April | California: The FEHC published Draft Modifications to Employment Regulations Regarding Automated-Decision Systems, incorporating the use of “automated-decision” systems in some situations.
April | California: In a big win for archivists, academics, researchers and journalists, the U.S. Ninth Circuit of Appeals has ruled that scraping publicly accessible data is legal.
May | Michigan: The SCAO has released updated FAQs about “Personal Identifying Information in Court Filings,” including general rules, orders and standards.
May | National: CFPB complaints and consumer litigation, as well as FCRA lawsuits are all on the rise, with putative class actions representing 4.8% of FCRA lawsuits in April.
May | California: A class of consumers is seeking a $9 million settlement with TransUnion that would end claims that the company incorrectly labeled the plaintiffs as terrorists.
June | National: In two separate rulings, the 8th Circuit U.S. Court of Appeals has granted some flexibility in conducting and relying on background checks for potential new hires covered by the FCRA.
August | Texas: Spectrum, Charter Communications, has been found to be negligent and grossly negligent in the death of a woman, whose family was awarded $375 million in compensatory damages.
October | National: HR 8478 aims to amend the FCRA to require nationwide consumer reporting agencies to use a consumer’s legal name on consumer reports.
October | National: The CFPB has issued a final rule to help survivors avoid some of the financial consequences of human trafficking.
October | New Jersey: The application of the Spokeo principles is becoming more commonplace across all consumer protection actions.
November | National: The CFPB has highlighted the obligations of a CRA under the FCRA to maintain reasonable procedures to screen for and eliminate facially false data in consumer reports.
November | National: The CFPB has published a circular stating that both CRAs and furnishers must be held liable under the FCRA for failing to investigate disputes.
November | Virginia: The decision in Henderson v. Source for Public Data suggests that immunity against claims asserted against online background report providers is not categorical.
November | National: The revisions to the U.S. Model Penal Code could block public access to sex offender registries and also “dismantle large portions of the sex offender registry system.”