Showing Posts In "Legal Issues" Category

How Elected Officials Shaped the FCRA: Congress’s Intent to Preempt State Law

The United States District Court for the Middle District of Georgia confirmed that a plaintiff’s state law claims were preempted by section 1681t of the Fair Credit Reporting Act (FCRA). The plaintiff in Thornton v. Equifax Info. Servs., No. 4: 18-CV-80 (CDL), 2018 U.S. Dist. LEXIS 189052 (M.D. Ga. Nov. 5, 2018) alleged that Kinetic […]

Damages are no Slam Dunk in FCRAland

The United States District Court for the Eastern District of Kentucky offered a reminder in the case of Shockley v. Portfolio Recovery Associates, LLC, 2018 WL 5726190 (E.D. Ky., No. 1, 2018) that there is no slam dunk when it comes to damages awarded in violations of the Fair Credit Reporting Act (FCRA). The plaintiff […]

California Governor Signs Ban the Box Law to Go Into Effect in the New Year

A statewide ban-the-box law went into effect January 1, 2018, that placed limitations on most pre-conditional offer inquiries into an applicant’s criminal history, prohibits the consideration of certain criminal history information and creates a robust pre-adverse and adverse action process. Although the proposed law applies to employers with five or more employees, certain positions are […]

Sixth Circuit Affirms Dismissal of FCRA “Permissible Purpose” Violations

In October, the Sixth Circuit affirmed the dismissal of a claim for violating the Fair Credit Reporting Act (FCRA) by accessing a credit report without a permissible purpose in Daniel v. Goodyear Tire/CBSD.  Such purposes include using the credit information in connection with a credit application involving a consumer or reviewing or collecting an account. […]

Fair Credit Reporting Act Remains Fertile Ground for Compliance Issues and Litigation

The Third Circuit Court of Appeals recently provided a warning for employers regarding compliance with the Fair Credit Reporting Act (FCRA) via Long v. SEPTA. In the case, which involved three applicants who were denied employment because of prior convicted drug offenses, the court held that an employer violates the FCRA when it fails to […]

Stanford Facing FCRA Class Action (again

A class action lawsuit that includes potentially more than 1,000 class members has been filed against Stanford University. The Fair Credit Reporting Act (FCRA) complaint in Richards v. Leland Stanford Junior University et al, involves Theresa Richard, who alleges Stanford failed to make a proper disclosure and failed to get proper authorization under the FCRA […]

Removal to Federal Court: No Inference of FCRA Claim When None Stated

The court reminded the defendants in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018) not to read too much into a pro se plaintiff’s case. The plaintiff’s complaint in the case mentioned “common law … state fair debt collection law, and consumer protection laws,” as well as “state law” violations on […]

Vermont AG Issues Guidance on New Data Broker Regulation

Vermont’s new Data Broker Regulation (“Regulation”) takes effect on January 1, 2019. The Regulation requires, among other things, that data brokers register with the Vermont Secretary State and protect personally identifiable information of Vermont residents. This week, the Vermont Attorney General issued guidance on the Regulation, which helps address questions on process and scope. Read more

University Faculty Background Checks to be Reviewed By Court

Pennsylvania’s highest court will decide whether the system of state-owned universities trampled on faculty union rights by unilaterally requiring criminal background checks and reports of arrests for serious crimes within 72 hours. The policy, enacted in response to the Jerry Sandusky child molestation scandal at Penn State, was limited in an April decision by Commonwealth […]

HireRight granted summary judgment on claim that attempted murder conviction was wrongly reported

In Mcinerney v. Eighth Judicial District Court, 2018 WL 6308727 (D. Nev. Dec. 3, 2018), Plaintiff Michael Mcinerney brought a negligence claim under 15 U.S.C. § 1681i against HireRight based upon its reporting of his criminal history.  Based upon state court records, HireRight reported that Mcinerney was convicted of two felony counts: (1) count 1: robbery, victim 65 […]

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