Ninth Circuit Again Addresses FCRA’s ‘Standalone’ Disclosure Requirement

In Luna v. Hansen and Adkins Auto Transport, Inc., a former Hansen & Adkins employee alleged that the business’s hiring practices violated the Fair Credit Reporting Act’s (FCRA) disclosure and authorization requirements. The primary argument was that Hansen & Adkins violated FCRA by presenting the disclosure form along with other application materials, but the Ninth Circuit rejected the argument, holding that “no authority suggests that a disclosure must be distinct in time.” The plaintiff also argued that the disclosure form was not “clear and conspicuous” because it was presented with the authorization form, but the Ninth Circuit concluded that “applicants, such as big-rig truckers” would have noticed the document. And finally, the plaintiff argued that the company violated FCRA by not placing the authorization in a clear and conspicuous, standalone document, however, the Ninth Circuit concluded that the authorization must only be in writing and does not need to be presented in a standalone document.

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Post By Ken Shafton (2,374 Posts)