FCRA CLASS ACTION LEGAL INDEX FOR 2022 FROM THE BACKGROUND BUZZ
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.
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.
April | South Carolina: A class action against Genuine Data Services alleges the consumer reporting agency sells outdated traffic citation information to third parties.
April | California: A California court of appeal reversed summary judgement for the employer in Hebert v. Barnes & Noble for an alleged “willful” FCRA violation.
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.
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.
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.
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.
June | Missouri: In Schumacher v. SC Data Center, Inc., the plaintiff did not have standing to pursue violations of the FCRA.
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.
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.
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.
October | National: Putative class action lawsuits represented 3.2 percent of FCRA lawsuits filed in 2022.
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.