Tag Archives: FCRA

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

Recruiter Misuse of Social Media Can Increase Risk of Liability

Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting.  Often, recruiters are viewing and considering information that should not be utilized in the hiring process.  LinkedIn is replete with information that should not be considered when … Continue Reading
LexBlog