Class Action Trends in Virginia: Employment Background Reports


Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are against consumer reporting agencies. The exception is a lawsuit against an employer. Every one of the employment-related cases seeks certification of one or more nationwide classes that could include thousands of consumers.

These allegations accuse consumer reporting agencies of either failing to have, or not following, the correct procedures under the FCRA in the following three areas:

1. what to disclose to consumers when a consumer report is furnished to an employer;

2. scrubbing outdated information from the consumer reports; and

3. providing the entire consumer file in response to a consumer’s request.

FCRA Class Actions focus on technical violations and seek to recover statutory and punitive damages for the class members.

All but one of these cases filed in 2014 were filed by the same law firm.


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Posted Under: EBI

Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at