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Showing Posts In "Legal Issues" Category

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

As a result of the decision in All of Us or None v. Hamrick, companies doing business in California can no longer rely on their background check companies to provide criminal record searches routinely for courts in various counties, including Los Angeles. In the case, the court of appeal emphasized the purpose of protecting the […]

Federal Court Finds Plaintiff Has Article III Standing in FCRA Suit Against Employer, In Reminder of Litigation Risk Arising from Background Screening

In the Fair Credit Reporting Act (FCRA) case of Derrick v. Full House Mktg., the Middle District of North Carolina found the plaintiff to have Article III standing to bring his claims in federal court, denying an employer defendant’s Motion to Dismiss. The plaintiff sued the defendant in the case because he was not provided […]

Pennsylvania Federal District Court Rules Public Records Vendor is Consumer Reporting Agency Subject to Fair Credit Reporting Act

In the case of McGrath v. Credit Lenders Service Agency, Inc., a Pennsylvania district court has ruled that a company that provides reports based on a search of public records is a “consumer reporting agency” (CRA) as defined by the Fair Credit Reporting Act (FCRA). When the plaintiffs in the case applied to a bank […]

Tech Transactions & Data Privacy 2022 Report: The FTC’s Expanding Role in Cybersecurity and Data Privacy Enforcement in 2022

The Federal Trade Commission (FTC) is a federal agency that works to protect consumers from fraudulent, deceptive, and unfair business practices. The organization has been authorized by the government to enforce various legislation, such as the Health Breach Notification Rule (HBN Rule), the Standards for Safeguarding Customer Information under the Gramm-Leach-Bliley Act (Safeguards Rule), the […]

California May Relax Background Check Process

The recent court decision in All of Us or None v.  Hamrick, 64 Cal. App. 5th 751 (2021), made the routine background check process more difficult by prohibiting searches of criminal court records with the use of a person’s birth date or driver’s license number. The plaintiffs in the case challenged the Riverside County Superior […]

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

The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from unlawful discrimination “by reason of their … arrest record[s] [or] conviction record[s].” The state is one of a limited number that prohibits discrimination in employment on the basis of arrest or conviction records. Employers may raise a liability defense, however, and the WFEA provides […]

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

Anti-discrimination laws are popping up all across the country, including the Oregon Crown Act, which adds two definitions to the state statute, defining “protective hairstyle” and “race.” The state joins New York, New Jersey, Virginia, Colorado, Washington, Maryland, Delaware, Connecticut, New Mexico, and Nebraska in preventing race-based hair discrimination. In California, a new law was […]

Ninth Circuit Closes the Final Chapter in the Moran v. Screening Pros Saga

The 9th Circuit has ruled that Screening Pros did not negligently or willfully violate the FCRA by providing a report that contained non-conviction records more than seven years after the date of the charge. The lawsuit, filed in 2011, alleged that Screening Pros improperly included a non-conviction record that predated the report by more than […]

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

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached a settlement with, which bans the business from engaging in deceptive negative option marketing and includes judgments totaling $33.9 million against MyLife and its CEO, Jeffrey Tinsley. The complaint alleged that MyLife allowed website users to run free background searches for an […]

CFPB Encourages Consumers to “Hold Accountable” Consumer Reporting Companies By Filing Disputes and FCRA Lawsuits

The Consumer Financial Protection Bureau (CFPB) has published its updated list of consumer reporting companies for the purpose of encouraging consumers to seek access to their files and sue if they believe there is a Fair Credit Reporting Act (FCRA) violation. More than 50 different consumer reporting companies are included, including contact and other background […]


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