FCRA CLASS ACTION LEGAL INDEX FOR 2022 FROM THE BACKGROUND BUZZ |
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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.
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April | South Carolina: A class action against Genuine Data Services alleges the consumer reporting agency sells outdated traffic citation information to third parties.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.
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.
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.
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.
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.