Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

January | Michigan/California: The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision that a plaintiff who alleged violations of the FDCPA failed to allege a concrete injury in fact sufficient to confer Article III standing.

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

April | Alaska: The Ninth Circuit affirmed that FCRA notices should be limited to basic information about the search and its purposes in Walker v. Fred Meyer, Inc.

Sixth Circuit Adopts “Inaccurate or Misleading” Standard in Case Regarding Fired Uber Driver

April | Ohio: A recent Sixth Circuit decision addressed whether FCRA imposes a technical-accuracy standard or an “inaccurate or misleading standard” in Twumasi-Ankrah v. Checkr, Inc.

Make It Clear, Make It Broad: The D.C. District Court Determines A Plaintiff Has Standing to Pursue FCRA Claims Against His Former Employer Based on a Background Check Used to Justify His Termination

August | District of Columbia: Employers should ensure that their authorizations and disclosures are clear and contain details on investigations that could take place, and they should provide employees with consumer report findings before adverse action takes place.

Appeals Court Holds That Obtaining Consumer Report to Verify Identity is “Permissible Purpose” Under FCRA

September | Florida: The U.S. Court of Appeals for the Eleventh Circuit held that obtaining a consumer report to verify identity is a “permissible” purpose under the FCRA.

What Is A “Legitimate Business Need” Under the FCRA? The Eleventh Circuit Provides a Critical Answer

September | Florida: The Eleventh Circuit Court of Appeals held that businesses have a “legitimate business need” to pull a credit report as part of a consumer-initiated request.

Appeals Court Affirms Dismissal of Ex-Offender Hiring Discrimination

October | New York: The Second Court of Appeals for the Western District of New York affirmed the dismissal by a district court’s judgment that claimed a company’s refusal to hire ex-offenders had a discriminatory impact on Black applicants.

Supreme Court Rules in FOI Lawsuit

November | Arkansas: A decision was upheld by the Arkansas Supreme Court, requiring a district court clerk to release court records under the state’s Freedom of Information law.

11th Cir. Rejects FCRA Claim, Adopts ‘Maximum Possible Accuracy’ Standard

December | Pennsylvania: The U.S. Court of Appeals for the 11th Circuit held that a consumer report was not misleading and complied with the federal FCRA’s “maximum possible accuracy” standard.