Employer Did Not Violate FCRA By Providing Disclosure Along with Other Materials

Putative class action Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) was brought to court when employee Leonard Luna alleged violation of the Fair Credit Reporting Act (FCRA). Luna claimed his former employer provided him a FCRA disclosure statement simultaneously with other employment materials and had failed to provide a standalone FCRA authorization. Following the district’s court’s summary judgment to the employer, the Ninth Circuit held that 1. The FCRA disclosure need not be provided at a point in time that is “distinct” from the time when other employment-related documents are provided to an applicant, 2. The disclosure was “clear and conspicuous” and 3. The FCRA authorization need not be a standalone document.

 

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Posted Under: Legal Issues

Post By Ken Shafton (486 Posts)