LEGAL ARTICLE INDEX FOR 2021 FROM THE BACKGROUND BUZZ
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.
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.
May | California: A class action lawsuit that claims misuse of consent forms to improperly run background checks was settled for $1.375
July | National: The Supreme Court has held that there must be “concrete” harm before one can sue under the FCRA.
August | National: The Supreme Court reversed a Ninth Circuit decision certifying that TransUnion had violated the FCRA.
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.
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.
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.
October | Colorado: Employers in Colorado cannot escape liability for failing to screen who they hire.
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.
January | National: In order for a negligent hiring or negligent retention claim to be successful, several facts must be proven.
February | Philadelphia: Three bills were signed in Philadelphia that amend the city’s Fair Criminal Record Screening Standards (FCRSS) and credit ban ordinances.
February | National: Numerous states across the country are enacting some version of a background check law that prevents employers from inquiring about criminal history.
February | National: Several key decisions were handed down by federal courts in an increasing number of FCRA case filings.
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.
March | North Carolina: Private employers are free to terminate relationships with applicants and employees with objectionable conduct, but numerous exceptions apply to governmental employers.
May | National: Remote work has made it difficult – but oh so critical – to understand employment policies in the virtual world.
May | California: Employers and background screening vendors are reminded that the FCRA required disclosure form cannot contain “extraneous information.”
June | Colorado: The Colorado Privacy Act includes key provisions, such as establishing consumer rights, universal opt-out requests and appealing consumer rights decisions.
July | National: Motor carriers that comply with FMCSA regulations are not always protected from negligent hiring or retention claims.
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.
September | Florida: A trucking company was found to be at fault when a driver hit and killed a college student on a Florida highway.
August | California: An employer and a vehicle owner were found liable under theories of negligent hiring and negligent entrustment.
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).
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.
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.
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.
December | Michigan: The Michigan Court Rules have been amended regarding the redaction of dates of birth used as identifiers by background screening firms.
December | National: The Clarity in Consumer Disclosures Act would direct the CFPB to create clear, plain-language model forms for consumer reports.
December | National: Web scraping could soon be more stringently regulated by the Computer Fraud and Abuse Act, a federal anti-hacking law.