The Ninth Circuit Court of Appeals partially reversed the decision of the District Court for the District of Oregon when it dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc. The court held that Fred Meyer had failed to comply with the FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights in its background check disclosure. On remand, the District Court granted partial summary judgment to Fred Meyer, holding that 1. Fred Meyer’s disclosure notice was “clear and conspicuous” as required under the FCRA, and 2. Fred Meyer’s failure to comply with the FCRA’s “standalone” requirement was not willful.
