Employers who dont comply with regulations of the Fair Credit Reporting Act (FCRA), including for violations like failure to provide notice to applicants in a stand-alone format and getting written permission before running the background check, could face expensive and time-consuming class action lawsuits of up to $1,000 per violation. But, after the concrete injury Supreme Court decision in Spokeo, Inc. v. Robins, federal courts have a heightened sensitivity to standing issues and have a new sense of protection as a result. If no harm can be demonstrated, employers can breathe easy, even if they have made a mistake.

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