Showing Posts In "Legal Issues" Category

California Attorney General Submits CCPA Proposed Regulations to Office of Administrative Law

If approved by the California Office of Administrative Law (OAL), businesses in California will have little to no notice before the Office of California Attorney General’s California Consumer Privacy Act (CCPA) regulations become effective. The OAL’s typical 30-day review period has been extended by 60 calendar days under an executive order related to the COVID-19 […]

Inaccurate Background Reports Concerning Job Applicants May Give Rise to Employer Liability under FCRA

A trial court’s order for summary judgment has been reversed by the Missouri Court of Appeals in favor of an employer for lack of standing in a case brought under the Fair Credit Reporting Act (FCRA). The employer in Courtright, et al. v. O’Reilly Automotive withheld an offer for employment based on inaccurate information obtained […]

Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions

Following two recent Ninth Circuit decisions involving Fair Credit Reporting Act (FCRA) background check decisions, employers should consider reviewing their background check disclosure and authorization forms and online screenings to ensure there is no surplus or extraneous language in the disclosure and the disclosure is clear and conspicuous. In Walker v. Fred Meyer, Inc., No. […]

Seventh Circuit Weighs in on Article III Standing for Violations of the Illinois Biometric Information Privacy Act

The Seventh Circuit ruled last week in Bryant v. Compass Group USA, Inc., that alleging a defendant failed to comply with prior notice and consent requirements under Section 15(b) of the Illinois Biometric Information Privacy Act (BIPA) is sufficient to confer Article III standing, even without any further alleged harm. Illinois is one of few […]

$550 Million Preliminary Settlement Reached in Biometric Privacy Class Action

Plaintiffs in a biometric privacy class action in Illinois alleged that a global social media company’s face-scanning practices violated the Illinois Biometric Information Privacy Act (BIPA). The U.S. District Court for the Northern District of California filed a motion requesting preliminary approval of a $550 million settlement deal. Last August, the U.S. Court of Appeals […]

Ninth Circuit Issues a Positive Decision for Employers in the World of Background Checks

A recent U.S. Court of Appeals for the Ninth Circuit decision in Luna v. Hansen & Adkins Auto Transport, Inc., No. 18-55804 (April 24, 2020), limited a claimant’s attempt to stretch the Fair Credit Reporting Act (FCRA) beyond its plain language. The putative class action was filed by the plaintiff against the employer, alleging that […]

What We Can Expect from the CCPA Regulations

California Attorney General Xavier Becerra has no intention at this time to defer the July 1, 2020 enforcement date of California Consumer Privacy Act (CCPA) regulations, so it is important for non-compliant businesses to become familiar with requirements and components of the notice. The CCPA expressly introduces the concept of “layered notices” and imposes a […]

Massachusetts Enacts Emergency Regulation on CORI Verifications

In early April, the Massachusetts’ Department of Criminal Justice Information Systems (DCJIS) passed an Emergency Regulation to address the social distancing limitations due to the COVID-19 pandemic. As part of the modification, any entity requesting criminal offender record information through DCJIS’s iCORI database (CORI) must first obtain the subject’s authorization. Under the Emergency Regulation, requesting […]

Ninth Circuit Again Addresses FCRA’s ‘Standalone’ Disclosure Requirement

In Luna v. Hansen and Adkins Auto Transport, Inc., a former Hansen & Adkins employee alleged that the business’s hiring practices violated the Fair Credit Reporting Act’s (FCRA) disclosure and authorization requirements. The primary argument was that Hansen & Adkins violated FCRA by presenting the disclosure form along with other application materials, but the Ninth […]

Fresh Direct Suit Alleges Race Bias in Worker Screening

In a suit filed in federal court in Manhattan, Fresh Direct is accused of categorically excluding from employment workers with certain types of criminal records, in violation of New York laws barring race and other discrimination. The lawsuit states that Fresh Direct LLC and Fresh Direct Inc. fail to consider New York state and city […]


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