In two separate cases of violation of the Fair Credit Reporting Act (FCRA), the court held that an employers failure to provide the prospective employees with a copy of their background check did give rise to an injury, but the failure to provide the statutorily required notice of rights did not. In the first case, the plaintiff alleged that the defendant failed to provide a copy of the consumer report before taking an adverse employment action to which the employer argued that the plaintiff failed to allege that the consumer reports were inaccurate. Even so, the court held that the plaintiffs suffered a concrete injury by not having the opportunity to contextualize the negative information in the reports. In the second case, the plaintiffs were not provided the FCRA-mandated notice of rights, but the court held that they would not have behaved any differently if they had; therefore they lacked standing to assert a claim.
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