LIRC’s View of the ‘Substantially Related’ Defense to Arrest and Conviction Record Discrimination Claims: Will Recent Events in Waukesha Prompt Change? 

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. 


CFPB Encourages Consumers to ‘Hold Accountable’ Consumer Reporting Companies by Filing Disputes and FCRA Lawsuits 

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. 


FTC and DOJ Reach Settlement Banning Background Search Website from Negative Option Marketing 

February | National: The FTC and the DOJ reached a settlement with, banning the business from engaging in deceptive negative option marketing. 


How to Manage Driver File Recordkeeping Requirements 

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. 


New Anti-Discrimination Laws Include Hairstyle, Conviction Record and Cannabis Use 

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. 


New Entry-Level Driver Training Regulation is Now in Effect 

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.


Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California 

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. 


Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees  

April | Arizona: Nineteen bills were signed into law, strengthening employee background checks most notably for nursing home and assisted living facility employers. 


California FEHC Proposes Sweeping Regulations Regarding Use of Artificial Intelligence and Machine Learning in Connection with Employment Decision-Making 

April | California: The FEHC published Draft Modifications to Employment Regulations Regarding Automated-Decision Systems, incorporating the use of “automated-decision” systems in some situations.  

Web scraping is Legal, US Appeals Court Reaffirms 

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. 


Michigan Issues FAQs on Personal Identifying Information in Court Filings 2022Privacy

May | Michigan: The SCAO has released updated FAQs about “Personal Identifying Information in Court Filings,” including general rules, orders and standards. 


FCRA Lawsuits Up 

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. 


TransUnion Class Action Alleging Company Incorrectly Labeled Consumers as Terrorist Settled for $9M

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. 


Court Allows Leeway to Employers Under Fair Credit Reporting Act 

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. 


Cable Company Ordered to Pay Over $7 Billion in Damages to Family of Texas Grandmother Murdered by Employee 

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.


Bill Proposed to Amend FCRA to Use Current Legal Names in Consumer Reports 

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. 


CFPB Helps Survivors Mitigate the Financial Consequences of Human Trafficking 

October | National: The CFPB has issued a final rule to help survivors avoid some of the financial consequences of human trafficking. 


Federal Court Standing Decision May Spark Trend in Consumer Protection Action Filings in State Court 

October | New Jersey: The application of the Spokeo principles is becoming more commonplace across all consumer protection actions. 


CCFPB Issues Advisory Opinion on Fair Credit Reporting and Facially False Data 

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. 


CFPB Warns CRAs and Furnishers of FCRA Liability for Failing to Conduct Proper Investigations 

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. 


Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site

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. 


New U.S. Model Penal Code Could Severely Impact Access to Sexual Offender Registries 

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.”