Tag Archives: Fair Credit Reporting Act

Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations of FCRA’s Disclosure Provision

On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th Cir. Jan. 20, 2017).  In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the … Continue Reading

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 provide these background screening reports if such a report meets the FCRA’s definition of a “consumer report.”   A consumer report is a report which serves as a factor … Continue Reading

Supreme Court to Examine Standing Under FCRA

The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer. The FCRA, like other privacy laws, imposes monetary damages … Continue Reading

EEOC & FTC Issue Joint Background Check Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker’s criminal record, financial history, medical history or use of social media.  The FTC enforces the Fair Credit Reporting Act, the law that protects the … Continue Reading
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