Coinbase Reaches $100M Settlement Over Background Check Failures 

January | National: Coinbase has been found to have violated anti-money laundering laws by failing to conduct adequate background checks and will pay a significant fine. 


Online Public Records Aggregators Not Protected from FCRA Suit by Section 230 

January | National: The ruling in Henderson v. The Course for Public Data, L.P., et al, is expected to influence the ongoing Communications Decency Act (CDA). 


Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims 

February | Pennsylvania: It was the court’s ruling in Ramos v. Walmart that plaintiffs have up to six years to file claims against employers for improper use of criminal history. 


A California Unicorn: Court Issues Favorable Background Check Ruling for Employer in Class Action 

February | California: An employee’s class action claiming that an employer’s background check form was defective was dismissed because the worker could not demonstrate actual harm or injury. 


O’Reilly Auto Parts FCRA Background Check $950K Class Action Settlement 

February | California: The plaintiffs in a class action against the auto parts store claimed it violated the FCRA when seeking consent to run a background check as part of the application process. 


Judge Denies Credit Reporting Agency’s Motions for Class Decertification and Summary Judgment in FCRA Class 

April | Pennsylvania: A national credit reporting agency’s motions for class decertification and summary judgment in a case involving alleged violations of the FCRA’s reinvestigation provision has been denied. 


DHL Will Pay $2.7M to Settle Class Action Challenging ‘Blanket Box’ Criminal History Policy 

April | Illinois: DHL has been ordered to pay $2.7 million for having a pre-hire criminal history screening policy that disproportionately affected Black and Hispanic applicants. 


District Court Preliminarily Approves $2.7 Million FCRA Settlement 

June | California: A class action settlement has been preliminarily approved, requiring Credit Bureau Connection, Inc., to pay $2.7 million to resolve allegations that it provided false information on credit reports to auto drivers. 


Second Circuit Rules Whether Alleged Inaccuracy is ‘Factual’ or ‘Legal’ Does Not Determine If Claim is Actionable Under the FCRA 

July | New York: It has been ruled that a claimed inaccuracy is potentially actionable under the FCRA if the challenged information is objectively and readily verifiable. 


Calif. FCRA Ruling Boosts Technical Claim Defense 

July | California: It has been determined that the FCRA does not confer standing on plaintiffs to sue in state court, absent any allegation of concrete injury. 


Kaiser Agrees to Settle FCRA Class Action Lawsuit 

July | California: In a class action complaint, it was determined that Kaiser violated the FCRA when it failed to provide a disclosure and authorization form to perform a background investigation.  


Calif. FCRA Ruling Boosts Technical Claim Defense 

July | California: A recent decision in Limon v. Circle K Stores Inc. has shifted the landscape for technical FCRA claims. 


FTC Says TruthFinder, Instant Checkmate Deceived Users About Background Report Accuracy, Violated FCRA While Marketing Reports for Employee and Tenant Screening

October | California: TruthFinder and Instant Checkmate must pay nearly $6 million for deceiving consumers about existing criminal records.  


FTC Settles FCRA Suit Against ‘People-Search’ Companies 

October | California: Two “people-search” companies have been hit with a hefty fine for engaging in practices that violated the FCRA through deceptive marketing practices. 


Eleventh Circuit Rules Consumers Can Recover Statutory Damages for Willful FCRA Violations Without Proving Actual Damages 

November | Florida: A court has ruled that a consumer does not have to prove actual damages to recover statutory damages for willful violations of the FCRA. 


Eleventh Circuit Holds a Showing of Actual Damages is Not Required to Recover Statutory Damages Under the FCRA 

December | Florida: A lawsuit against Healthcare Recovery Group, LLC, alleges the business failed to follow reasonable procedures to ensure the accurate preparation of consumer credit reports. 


A Notable FCRA Case of 2023 

December | California: The plaintiff in a case against UPS alleged the company violated the stand-alone disclosure requirements of the FCRA; however, the allegations were dismissed.