Showing Posts In "Legal Issues" Category





11th Circuit Reduces Punitive Damages for Consumer Reporting Agency’s FCRA Violations

The Eleventh Circuit Court of Appeals held that a plaintiff presented sufficient evidence to prove that a consumer reporting agency willfully violated the Fair Credit Reporting Act (FCRA), affirming a $250,000 compensatory damages award, but reducing a $3.3 million punitive damages award to $1 million. The court found that the consumer reporting agency had no […]


Financial Institutions and the FCPA

Although financial institutions have robust compliance programs in place, legal encounters regarding the Foreign Corrupt Practices Act (FCPA) still occur. A high priority for the Securities Exchange Commission (SEC), the FCPA prohibits payment of bribes to foreign officials to assist with obtaining or retaining business. It is important for Financial Institutions to screen employers to […]


Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision that a plaintiff who alleged that the defendant had violated the Fair Debt Collection Practices Act (FDCPA) failed to allege a concrete injury in fact sufficient to confer Article III standing. The plaintiff in Buchholz v. Meyer Njus Tanick, P.A., […]


Background Check Vendors Beware: the CFPB’s Authority to Enforce the FCRA Applies to You Too

In November, the federal Consumer Financial Protection Bureau (CFPB) filed a complaint in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc., regarding allegations that it violated the Fair Credit Reporting Act (FCRA) in providing criminal background checks to employers. Sterling has been ordered to pay $6 million in […]


FTC and CFPB Host Workshop on Consumer Reporting Accuracy

In early December, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) hosted a workshop about accuracy in consumer reporting, which was divided into four panels. The first discussed the role of furnishers of consumer reports, the need for accurate data, and the policies and procedures that furnishers can implement to ensure accuracy. […]


EMPLOYMENT & HIRING BACKGROUND SCREEN LAWS 50 State Guide

Asurint’s comprehensive guide is designed to provide a high-level snapshot of each ordinance, law, or regulation at the local and state level. We have additional resources available that provide a more detailed look into many of the laws included here. Please request one of our topic-specific whitepapers on Ban the Box, Credit Check Restrictions, or […]


Disclosure Forms: “Concise Explanation” Permissible

The Ninth Circuit Court of Appeals issued a must-read decision for employers relating to disclosure and adverse action under the Fair Credit Reporting Act (FCRA). Specifically, the court analyzed what language may be included on a disclosure form and found that an employer may “describe what a ‘consumer’ report entails, how it will be ‘obtained,’ […]


Walgreens Will Pay $7.5 Million to Settle Unlicensed-Pharmacist Claims

Walgreens was sued by several businesses that claim Kim Thien, an employee at the pharmacy, dealt with more than 745,000 prescriptions, with thousands for oxycodone, fentanyl, morphine, and codeine, from 2006 to 2017. Thien was not licensed by the state pharmacy board as required by regulation. In addition to a $7.5 million settlement, Walgreens also […]


The Fair Credit Reporting Act – Public Records and Your Business

In 1970, the Fair Credit Reporting Act (FCRA) became one of the first instances of data protection law passed in the computer age, protecting consumers from having their personal consumer reports used against them without their knowledge. The FCRA regulates consumer reporting agencies, users of consumer reports and furnishers of consumer information. It has two […]


First Day of the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks

The recent rulings of lower California courts suggest that the statute of limitations for an employee to file a claim for an alleged violation of federal and/or state background and credit checks laws can begin on the employee’s first day of work. The background check disclosure and authorization forms that are required by the Fair […]




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