Showing Posts In "FCRA Class Action Lawsuits" Category





How Much is a FCRA Violation Going to Cost You? Possibly $29 a Head

The plaintiff in Esomonu v. Omnicare, Inc. filed a class-action lawsuit of 45,000 members in May 2015, alleging that the employer violated the Fair Credit Reporting Act (FCRA) by 1. Embedding extraneous information in the FCRA disclosures, 2. Failing to alert her that she could request a summary of her rights under FCRA and 3. […]


What’s Happening in FCRA Class Actions

In 2019 alone, 4,937 Fair Credit Reporting Act (FCRA) cases were filed, presenting a growing body of case law that offers significant guidance for best practices. A few highlights include: rethinking the inclusion of state law disclosures embedded within the FCRA disclosure document (recently certified for class-action status in the Northern District of California); additional […]


9th Circuit Court Rules FCRA Disclosure Can Be Provided with Other Employment Materials

Fair Credit Reporting Act Affirming the district court’s summary judgment in favor of the defendant, the panel held that an employer does not violate the Fair Credit Reporting Act by providing an FCRA disclosure simultaneously with other employment materials, and by failing to place an FCRA authorization on a standalone document. The panel held that […]


Court Adopts “Concise Explanation” Standard for FCRA Disclosure Forms

The Ninth Circuit ruled that beyond a plain statement disclosing “that a consumer report may be obtained for employment purposes,” some concise explanation of what that phrase means may be included as part of the “disclosure” required by the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681b(b)(2)(A)(i). The right provided by the FCRA to dispute […]


Ninth Circuit Reinforces Prohibition Against “Extraneous” Information in Background Check Disclosures

In March, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA), specifically providing practical guidance for drafting such disclosures. Employers may order background reports for employment purposes but must first disclose their intention to […]


9th Circuit Holds All Members of Certified Class Must Have Article III Standing to Recover Monetary Damages

The 9th Circuit recently held that individual class members must satisfy Article III’s standing requirements in order to recover individual monetary damages. Class members who are a part of Ramirez v. TransUnion LLC who experienced no injury-in-fact traceable to the alleged statutory violation or challenged conduct must be excluded from any class damages award. The […]


In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury for Failure to Provide Stand Alone Notice

Employers who dont comply with regulations of the Fair Credit Reporting Act (FCRA), including for violations like failure to provide notice to applicants in a stand-alone format and getting written permission before running the background check, could face expensive and time-consuming class action lawsuits of up to $1,000 per violation. But, after the concrete injury […]


FCRA Litigation Continues for Employers Using Background Reports

Two recent developments related to litigation and background screening. First, a major fast food restaurant chain became the subject of a class action complaint, and second, a major business technology and services provider settled a class action complaint, the terms of which are sealed. In both cases, plaintiffs alleged willful violations of the FCRA for: […]


The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

The swelling tide of class action litigation against employers under FCRA is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the threat to employers is concrete, not merely hypothetical, close to a dozen nationwide class actions were filed in plaintiff-friendly venues during […]


GIS Background Check Class Action Settlement

General Information Services Inc. (GIS) has reached a class action lawsuit settlement over allegations it violated the FCRA when providing information for consumer background check reports. If you were the subject of a criminal background check report that contained information furnished by GIS, you may be entitled to money from the class action settlement. The […]




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