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Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

The Ninth Circuit has determined that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure. In addition, a prospective employer’s violation of the FCRA is “willful” when the employer includes terms in addition to the disclosure before procuring a consumer report or causing one to be procured. In Syed v. M-I, LLC, Syed alleges that the Disclosure Release failed to satisfy the disclosure requirements mandate by the FCRA. The Ninth Circuit determined that the company acted in reckless disregard of its statutory duty.

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