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Another Court Rules Independent Contractor Not an Employee Under FCRA

Plaintiff John Walker, Jr., in Walker v. RealHome Services and Solutions, Inc., No. 1:18-cv-03044 (N.D. Ga. Aug. 9, 2019) alleged that his potential employer violated the Fair Credit Reporting Act’s (FCRA) stand-alone disclosure requirement by including a liability waiver in the authorization form. In addition, he claimed RealHome violated the FCRA’s pre-adverse action requirements by failing to provide him with a copy of his report or summary of his rights before rescinding his job offer. The United States District Court for the Northern District of Georgia dismissed the complaint, concluding that “it is clear that the provisions of the FCRA urged by plaintiff here do not apply when consumer reports are obtained on persons seeking positions as independent contractors.”

 

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Posted Under: Legal Issues, US

Post By Ken Shafton (1,157 Posts)