Spokeo Oral Argument Before the U.S. Supreme Court
Last week, the US Supreme Court heard arguments in one of the most closely watched cases of this term, Spokeo, Inc. v. Robins, a putative class action seeking statutory damages for an alleged violation...
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Job Applicant Background Checks: Are You Complying with the Fair Credit...
A hot topic in employment law news is a growing movement toward “banning the box” (i.e. implementing laws that bar employers from asking about a criminal history on the initial job application). But...
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Dish Network Fights Class Certification After Background Check Company...
After a settlement involving claims against Sterling Infosystems, Inc. received final approval, Dish Network, LLC (Dish) continued to fight class certification against satellite television installers...
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California Supreme Court to Decide if California Investigative Consumer...
The California Supreme Court will decide if the California Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague. In Connor v. First Student Inc., the Court of Appeal...
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U.S. Supreme Court’s Decision in Spokeo V. Robins Case Will Make Waves in...
Back in early November of last year, Spokeo, Inc. (Spokeo) argued before the U.S. Supreme Court seeking to overturn a February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting...
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Warning Issued About Legal Risks of Using Big Data
Most people do not appreciate what is meant by the term Big Data so the Federal Trade Commission (FTC) issued a report which highlights that “potential benefits to consumers are significant, but...
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FTC Publishes Big Data Report – Provides “Recommendations to Business”
The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues. The FTC Chairwoman Edith Ramirez indicates in the FTC news...
View ArticleFCRA, State Disclosures and the Disclosure and Authorization
The on-going discussion about what is permissible in a disclosure and authorization notice (hereinafter “notice”) for Fair Credit Reporting Act (FCRA) purposes continues. In a recent federal district...
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Another FCRA Case Stayed Until Supreme Court Rules in Spokeo
Judge Lorna Schofield has agreed to stay a Fair Credit Reporting Act case until the U.S. Supreme Court issues its highly anticipated ruling in Robbins v. Spokeo, Inc. By entering a stay in Ernst v....
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Supreme Court Vacancy Leaves Spokeo Outcome Even More Uncertain
The consumer financial services industry is wondering how the sudden passing of United States Supreme Court Justice Antonin Scalia will affect the pending Spokeo, Inc. v. Thomas Robins case. Spokeo is...
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Job Applicant’s Lawsuit Under FCRA Barred by Statute of Limitations
Employers in Michigan and surrounding states conducting background reports on job applicants received a favorable decision from the Sixth Circuit Court of Appeals when it comes to limiting liability...
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Spring Cleaning – Check You Background Disclosure Form for FCRA Violations
In a trend that show no signs of slowing down, lawsuits continue to be filed against employers for violating the Fair Credit Reporting Act’s (“FCRA”) strict requirements concerning background check...
View ArticleFCRA Violations: A Hidden Cost of Background Checks and Credit Reports
If you haven’t done so recently, now is a good time to review your company’s use of background checks and credit reports. The increasing number of class actions and high-dollar settlements highlight...
View ArticleFTC Publication for Background Screeners
The Federal Trade Commission (FTC) just issued guidance for companies providing employment screening services. According to the FTC, they have “created new guidance for businesses aimed at giving...
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FTC Releases New Guidelines for Background Screeners’ Compliance with the FCRA
On May 10, 2016, the Federal Trade Commission (FTC) released new guidelines for employment background screening companies for compliance with certain consumer reporting agency requirements of the Fair...
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Supreme Court: Plaintiffs Must Allege “Concrete Injury” to Establish Standing...
On May 16, 2016, the United States Supreme Court ruled in Spokeo, Inc. v. Robins that consumers who bring claims under the Fair Credit Reporting Act (FCRA) must do more than allege a technical...
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“No Injury” Consumer Class Actions Weakened, but Not Killed, by Supreme Court
The U.S. Supreme Court held Monday that the Ninth Circuit erred when it ruled consumers can sue companies without alleging actual injury. The Supreme Court ruled that a consumer could not sue Spokeo...
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FTC Issues Guidance for Background Screening Companies
Employers regularly turn to background screening companies in order to obtain information/reports about applicants and employees. The Fair Credit Reporting Act (FCRA) applies to companies that sell or...
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FTC Releases New Guidance On FCRA Compliance for Employment Background...
The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of...
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Spokeo May Raise the Bar for Standing in ADA Title III Cases
The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court. As...
View ArticleSupreme Court’s Spokeo Decision Strengthens Standing Defense for Employers in...
In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act...
View ArticleFTC and CFPB Update
Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments. Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White...
View ArticleSerial FCRA Plaintiff Falls Short
After a battle of motions between the parties, on August 9th a Wisconsin federal judge dismissed a proposed class action for alleged violations under the Fair Credit Reporting Act (FCRA) against Cory...
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Federal Court Dismisses Putative FCRA Class Action for Lack of Standing and...
On August 19, the United States District Court for the District of Nevada dismissed a putative Fair Credit Reporting Act class action against two taxi companies that had allegedly violated the Fair and...
View ArticleMost Recent CFPB Supervisory Highlights Feature FCRA, Lo Compensation and...
The Consumer Financial Protection Bureau’s most recent supervisory highlights publication featured issues relating to the Fair Credit Reporting Act, loan originator compensation and in-person debt...
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A Brief History of Bank Privacy
With all due respect to noted astrophysicist Stephen Hawking, this blog post will attempt to explain the bank privacy universe in a tiny package. Many tend to think “bank privacy” began with the...
View ArticleSixth Circuit Reverses Punitive Award in FCRA Case
In Smith v. LexisNexis Screening Solutions, Inc., the Sixth Circuit reversed a $150,000 punitive award in a suit under the Fair Credit Reporting Act. The case arose when LexisNexis was conducting a...
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Court Certified FCRA Class Over Spokeo Objections
A federal judge in the Northern District of California certified a class of job applicants in a lawsuit claiming a background check firm violated the federal Fair Credit Reporting Act. The Court...
View ArticleTenant Screening and the FCRA
The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key...
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Court Finds That Spokeo Does Not Bar Enforcement of Background Check Class...
In Schumacher v. SC Data Center, the plaintiff brought three class action claims against SC Data Center, Inc. under the Fair Credit Reporting Act related to its pre-employment background check process....
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