Amazon, Whole Foods Can Be Sued by Convicted Murderer Rejected for Delivery Job 

February | New York: A convicted murderer could pursue a proposed class action lawsuit after being turned down for a grocery delivery job with Cornucopia Logistics. 


Eighth Circuit Holds Article III Standing Was Lacking for An Alleged Violation of the FCRA’s ‘Pre-Adverse Action’ Notice Provision 

April | Missouri: The U.S. Court of Appeals for the Eighth Circuit held that a plaintiff lacked Article III standing to prosecute statutory claims under the FCRA. 


Genuine Data Services Includes Outdated Traffic Infractions in Consumer Reports, Class Action Alleges 

April | South Carolina: A class action against Genuine Data Services alleges the consumer reporting agency sells outdated traffic citation information to third parties. 


New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About FCRA Compliance 

April | California: A California court of appeal reversed summary judgement for the employer in Hebert v. Barnes & Noble for an alleged “willful” FCRA violation. 


Eighth Circuit Finds That Class Action FCRA Plaintiff Lacks Article III Standing Under Spokeo 

May | Missouri: The decision of the Eighth Circuit in Schumacher v. SC Data Center, Inc., is a reminder for employers to consider whether employees have evidence of concrete harm. 


Appeals Court Finds FCRA Does Not Establish Right to Dispute Background Check Report Directly with Employer 

May | Missouri: The United States Court of Appeals for the Eighth Circuit found that there was no provision of the FCRA that established a right for a prospective or current employee to explain the contents of a background check with an employer. 


Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims 

May | Missouri: The decision in Schumacher v. SC Data Center, Inc., says that a job applicant who didn’t disclose a felony conviction can’t sue the prospective employer under the FCRA for failing to provide proper notice before rescinding the offer. 


Court Win for Employer Sheds Light on Background Check Laws 

June | Missouri: SC Data Center, Inc., has won a court case that alleged the company violated the FCRA when it failed to provide the plaintiff with a copy of the background check prior to rescinding a job. 


Plaintiffs’ Standing to Assert FCRA Violations Dealt Another Blow 

June | Missouri: In Schumacher v. SC Data Center, Inc., the plaintiff did not have standing to pursue violations of the FCRA. 


Managed Labor Solutions to Pay $225,000 to Settle a Class Action Lawsuit 

August | Pennsylvania: Managed Labor Solutions has agreed to pay $225,000 to settle a lawsuit alleging it violated the FCRA when it failed to provide a pre-adverse action notice. 


Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability 

September | Pennsylvania: A subclass of consumers can proceed with a class action against RealPage based on the company’s failure to provide them with third-party information in credit reports.  


Third Circuit Vacates Ruling on FCRA Class Action Providing Clarity on Rule 23 Requirements

October | Pennsylvania: The Court of Appeals for the Third Circuit vacated an order that denied class certification, providing greater clarity on what conditions satisfy Rule 23. 


Quick Analysis of FCRA Lawsuits in 2022 

October | National: Putative class action lawsuits represented 3.2 percent of FCRA lawsuits filed in 2022. 


Former Employee Was Not Injured by Alleged Violation of FCRA 

November | California: The plaintiff in a punitive class action lawsuit against his former employer was unable to prove he had suffered concrete injury in the FCRA allegations related to the standalone disclosure.