In 2019 alone, 4,937 Fair Credit Reporting Act (FCRA) cases were filed, presenting a growing body of case law that offers significant guidance for best practices. A few highlights include: rethinking the inclusion of state law disclosures embedded within the FCRA disclosure document (recently certified for class-action status in the Northern District of California); additional documents may be okay, as indicated by the Ninth Circuit; the authorization form does not need to stand alone; the removal of liability waivers from disclosures and authorizations; sending a copy of consumer reports and a notice of rights to applicants/employees with pre-adverse action correspondence; consumers have no right to discuss their consumer report with their employer/potential employer; and if you are sued for a disclosure claim, Spokeo is providing a complete defense in some circumstances.
