The CFPB Taskforce Recommends Limits on FCRA Class Action Awards in Report 

January | National: A two-volume report has been issued that includes more than 100 recommendations, with seven focusing on consumer credit reporting and the FCRA. 


Several Organizations, Including the Professional Background Screening Association and Consumer Data Industry Association Submitted Amicus Briefs to the U.S. Supreme Court in the Transunion v. Ramirez Case 

February | National: The Supreme Court held that only a plaintiff concretely harmed by a defendant’s violation of the FCRA has Article III standing to seek damages in federal court.  


FedEx Sued in New York Over Job Applicant Background Checks 

March | New York: A FedEx applicant has asked the court to allow him to represent a class of job applicants with criminal records who were turned down by the company in New York. 


Court Approves $1.375 Million FCRA Class Action Lawsuit Settlement 

May | California: A class action lawsuit that claims misuse of consent forms to improperly run background checks was settled for $1.375


There Must Be Real ‘Harm’ Before One Can Sue Under FCRA: Good News for Employers Who Perform Background Checks

July | National: The Supreme Court has held that there must be “concrete” harm before one can sue under the FCRA. 


District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims 

August | National: The Supreme Court reversed a Ninth Circuit decision certifying that TransUnion had violated the FCRA. 


Big News for Background Screening: New Appellate Ruling Says FCRA Permits Reporting Unmatched Criminal Records 

February | Pennsylvania: A lenient legal test regarding the standard for “inaccuracy” was rejected in favor of a more stringent one accepted by other federal appellate courts. 


FCRA Claim Survives Dismissal Where Plaintiff Alleges Defendant Did Not Have a Permissible Purpose to Access Plaintiff’s Credit Report Based on Prior Discharge of Mortgage Debt in Bankruptcy 

May | Illinois: A motion was denied to dismiss a FCRA claim because the complaint sufficiently alleged that the defendant didn’t have “permissible purpose” to access the credit report of the plaintiff in an effort to collect a debt that had been previously discharged. 


New York Man Sues Checkr, Lyft and Uber Over Botched Background Check 

September | New York: The plaintiff sued Checkr, accusing the business of violating the FCRA by reporting that the plaintiff was listed as deceased on the SSA Death Master File. 


Colorado Supreme Court Ruling is a Victory for Consumers 

October | Colorado: Employers in Colorado cannot escape liability for failing to screen who they hire. 


District Court’s FCRA Decision Offers Guidance for Employers on “Clear and Conspicuous” Disclosures and Willfulness 

October | Oregon: A decision has been reversed by the Ninth Circuit Court of Appeals holding that the defendant failed to comply with the FCRA’s “standalone” requirement. 


Negligent Hiring and Negligent Retention Claims Following a Truck Accident 

January | National: In order for a negligent hiring or negligent retention claim to be successful, several facts must be proven. 


Philadelphia Enacts Amendments, Expands Coverage of its Background Screening Ordinances 

February | Philadelphia: Three bills were signed in Philadelphia that amend the city’s Fair Criminal Record Screening Standards (FCRSS) and credit ban ordinances. 


State Background Check Laws That Are Changing in 2021 

February | National: Numerous states across the country are enacting some version of a background check law that prevents employers from inquiring about criminal history. 


Ten Key FCRA Decisions of 2020 

February | National: Several key decisions were handed down by federal courts in an increasing number of FCRA case filings. 


Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions Client Alerts 

March | New York: An en banc petition to review the dismissal of a class action that involved a disparate impact claim was denied by the full Second Court of Appeals. 


So Much for “9 to 5”: Employers’ Consideration of Employees’ and Applicants’ Conduct Out of Work 

March | North Carolina: Private employers are free to terminate relationships with applicants and employees with objectionable conduct, but numerous exceptions apply to governmental employers. 


When Hiring Employees in Other States, Make Legal Compliance a Priority

May | National: Remote work has made it difficult – but oh so critical – to understand employment policies in the virtual world. 


California Courts (Again) Provide Guidance on What Qualifies as a “Standalone Disclosure” for FCRA Purposes 

May | California: Employers and background screening vendors are reminded that the FCRA required disclosure form cannot contain “extraneous information.” 


Colorado Passes Privacy Bill: How Does It Stack Up Against California and Virginia? 

June | Colorado: The Colorado Privacy Act includes key provisions, such as establishing consumer rights, universal opt-out requests and appealing consumer rights decisions. 


How to Minimize Risk of Negligent Hiring & Training Claims 

July | National: Motor carriers that comply with FMCSA regulations are not always protected from negligent hiring or retention claims. 


Louisiana’s Latest Legislative Session Includes New Laws on Preemployment Background Checks, Natural Gas Pipeline Reporting Obligations, and Industrial Hemp

July | Louisiana: A wide range of issues is covered under the legislative session, such as criminal record inquiries during background checks and hazardous material reporting obligations.


One Billion Verdict Returned in Nassau County Crash That Killed UNF Student 

September | Florida: A trucking company was found to be at fault when a driver hit and killed a college student on a Florida highway. 


Vehicle Owners and Employers Have Affirmative Duty to Ensure Their Drivers Are Licensed, California Court of Appeal Holds 

August | California: An employer and a vehicle owner were found liable under theories of negligent hiring and negligent entrustment.


Massachusetts High Court’s Ruling on the Domestic Violence and Abuse Leave Act Holds Lessons for Employers 

September | Massachusetts: The Supreme Judicial Court (SJC) has ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA). 


National Defense Authorization Act Amends FCRA to Restrict Reporting of Adverse Information on Servicemember 

October | National: The National Defense Authorization Act has headed to the Senate with amendments to the FCRA as it pertains to the reporting of adverse information.


Law Proposed in Florida Would Require Background Checks on Maintenance Workers in Apartments 

November | Florida: A new Florida law would require apartment complexes with five or more units to give tenants 24 hours’ notice before entering an apartment.  


Are You Ready? The Annual Clearinghouse Query Deadline is Fast Approaching 

November | National: Employers must run at least one Clearinghouse query on each of their CDL drivers annually by January 5, 2022, or face fines of up to $2,500 per driver. 


Michigan Supreme Court Adopts Rule on Date of Birth (DOB) Redaction

December | Michigan: The Michigan Court Rules have been amended regarding the redaction of dates of birth used as identifiers by background screening firms.  


Reps. Dean and Hollingsworth Introduce the Clarity in Consumer Disclosures Act 

December | National: The Clarity in Consumer Disclosures Act would direct the CFPB to create clear, plain-language model forms for consumer reports. 


Web Scrapers and Their Targets Beware. Regulators Are Zeroing in on Privacy Implications 

December | National: Web scraping could soon be more stringently regulated by the Computer Fraud and Abuse Act, a federal anti-hacking law.