This month, the Supreme Court of California found that the states Investigative Consumer Reporting Agencies Act (ICRAA) was not unconstitutionally vague as applied to employer background checks, despite overlap with the Consumer Credit Reporting Agencies Act (CCRAA) in Connor v. First Student, Inc. Under California law, consumer reports are classified under the CCRAA and/or the ICRAA, both of which govern reports that contain information relating to character and creditworthiness, based on public information and personal interviews. The lawsuit, which has been pending since 2010, included a class of current and former bus drivers who claimed that the defendant employers and consumer reporting agencies violated the ICRAA when the employers obtained background checks on the drivers without providing them notice and without obtaining prior written authorization.
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