Showing Posts In "Legal Issues" Category
Proposed Bill Would Require Contractor Background Checks, Larger Consumer Payouts
A new bill in Massachusetts would require background checks of contractors in the state and would provide more money for consumers who get ripped off. The bill was in response to the “To Catch a Contractor” investigative series and requires the Office of Consumer Affairs and Business Regulation to perform background checks when contractors register […]
District Court Preliminarily Approves $2.7 Million FCRA Settlement
The U.S. District Court for the Eastern District of California has preliminarily approved a class action settlement that would require a corporate defendant to pay $2.7 million to resolve allegations that it provided false information on credit reports to auto dealers. The defendant in the case sells credit reports to auto dealers, flagging a consumer […]
Calif. FCRA Ruling Boosts Technical Claim Defense
In Limon v. Circle K Stores Inc., the Fifth Appellate District held the Fair Credit Reporting Act (FCRA) does not confer standing on plaintiffs to sue in California state court, absent any allegation of concrete injury. The decision has shifted the legal landscape for technical FCRA claims brought in the state court in favor of […]
Second Circuit Rules Whether Alleged Inaccuracy is ‘Factual’ or ‘Legal’ Does Not Determine if Claim is Actionable Under the FCRA
The U.S. Court of Appeals for the Second Circuit has ruled in Sessa v. Trans Union, LLC, that a claimed inaccuracy is potentially actionable under the Fair Credit Reporting Act (FCRA) so long as the challenged information is objectively and readily verifiable. In the case, the assignee of the plaintiff’s vehicle lease furnished information to […]
District Court Preliminarily Approves $2.7 Million FCRA Settlement
The U.S. District Court for the Eastern District of California has preliminarily approved a class action settlement, which would require a company to pay $2.7 million to resolve allegations that it provided false information on credit reports to auto dealers. Specifically, the company is accused of inaccurately stating that plaintiffs were listed on the U.S. […]
The Definitive Guide To Background Screening Compliance – 2019
Even seasoned Human Resource professionals have a need for legal updates relating to responsible onboarding practices and maintaining compliant background check policies and procedures in the face of a rapidly fluctuating legal landscape. This eBook will cover recent changes in the laws and regulations in the US and provide tips to help ensure overall compliance […]
2023 Brings New Challenges to Employment Screening Compliance
New laws restricting access to an applicant’s information are making it more difficult for employers to complete the background screening process. Agencies like the Equal Employment Opportunity Commission (EEOC), the Federal Trade Commission (FTC), and the Consumer Financial Protection Bureau (CFPB) are all exploring automated systems for the hiring process, but new technologies aren’t always […]
When is Consent not Given Freely?
Consent is necessary for an employer to access and use an individual’s personal information, so it is important for employers to be transparent about their background check process and their intent to collect, use and process personal data. Consent is not considered to be freely given when an individual feels pressured or coerced into agreeing […]
Background Checks with Name-Only Matching Spell Trouble for Employers
The Consumer Financial Protection Bureau (CFPB) plays an in important role in background checks since background screeners are considered to be consumer reporting agencies (CRAs). Ignoring CFPB guidance could lead to trouble under the Fair Credit Reporting Act (FCRA). Every job applicant deserves protection from background screeners who use name-matching only. This type of screening […]
Online Public Records Aggregators Not Protected from FCRA Suit by Section 230
The U.S. Court of Appeals for the 4th Circuit has determined that Section 230 of the Communications Decency Act (CDA) did not apply in the case of Henderson v. The Course for Public Data, L.P., et al, because the online aggregator was an “information content provider that provided the improper information” and not merely providing […]
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