Category: FCRA

Appeals Court Affirms Ruling that FCRA Requires Disputes to Come to CRAs Directly from Consumers

Written By ESR News Blog Editor Thomas Ahearn The United States Court of Appeals for the Ninth Circuit has affirmed an earlier summary judgement by a district court in favor of Experian – a consumer reporting agency or CRA – that the federal Fair Credit Reporting Act (FCRA) requires disputes to come “directly” to CRAs from …

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Court Rules Background Check for Independent Contractor Does Not Trigger Protections for Employment Purposes under FCRA

Written By ESR News Blog Editor Thomas Ahearn              On August 9, 2019, a ruling in the United States District Court for the Northern District of Georgia found that a background check for independent contractors does not trigger the protections applicable for a background check for “employment purposes” under the federal Fair Credit Reporting Act (FCRA). …

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Partial Settlement Reached with Equifax and TransUnion Over Alleged FCRA Violations with Credit Files

Written By ESR News Blog Editor Thomas Ahearn A partial settlement has been reached in a lawsuit against three major credit reporting agencies – Equifax, Experian, and TransUnion – over alleged violations of the federal Fair Credit Reporting Act (FCRA) due to inaccurate credit files, with a notice stating that a partial settlement was reached between …

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Consumer Litigation Involving FCRA Rose 15 Percent from Previous Month in July 2019

Written By ESR News Blog Editor Thomas Ahearn In July of 2019, consumer litigation involving the Fair Credit Reporting Act (FCRA) – a federal law that helps ensure the accuracy, fairness, and privacy of personal information – rose 15.4 percent from the previous month, with 510 cases compared to 442 cases, according to statistics from WebRecon …

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7-Eleven Agrees to Pay Nearly $2 Million to Settle Class Action Lawsuit for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn              7-Eleven Inc. has agreed to pay nearly $2 million to settle a class action lawsuit that claimed the company allegedly violated the federal Fair Credit Reporting Act (FCRA) by failing to provide a “standalone” notice of background checks to approximately 60,000 job applicants, according to a report …

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Employers Paid $174 Million Over Past Decade to Settle FCRA Lawsuits Involving Background Checks

Written By ESR News Blog Editor Thomas Ahearn              Employers have paid out $174 million over the past decade to settle class action lawsuits that claim they violated the federal Fair Credit Reporting Act (FCRA) that governs the use of background checks on job applicants, according to a blog examining a compilation of court records assembled …

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Court Sets Standard to Define a Consumer Reporting Agency Under the FCRA

Written By ESR News Blog Editor Thomas Ahearn On May 30, 2019, the United States Court of Appeals for the Second Circuit issued a decision in the case of Kidd v. Thomson Reuters Corporation that affirmed the ruling by the U.S. District Court for the Southern District of New York that the defendant Thomson Reuters …

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Seven-Year Measuring Period for Criminal Charges Under FCRA Runs from Date of Entry Not Disposition

Written By ESR News Editor Thomas Ahearn On May 14, 2019, the United States Court of Appeals for the Ninth Circuit ruled in a lawsuit filed by a consumer against a consumer reporting agency (CRA) that the seven-year measuring period for criminal charges under the federal Fair Credit Reporting Act (FCRA) rule that prohibits CRAs …

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California Court of Appeal Sides with Employer in FCRA Lawsuit Months after Siding with Applicant in Similar Case

Written By ESR News Blog Editor Thomas Ahearn On April 15, 2019, the Court of Appeal of California affirmed summary judgment for an employer in Culberson v. Walt Disney Parks and Resorts, a class action lawsuit alleging violations of the Fair Credit Reporting Act (FCRA), a federal law that regulates the use of background checks …

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Appeals Court Rules Definition of “Conviction” Under FCRA Should be Interpreted by Federal Law

Written By ESR News Blog Editor Thomas Ahearn On April 16, 2019, the U.S. Court of Appeals for the Seventh Circuit ruled in Aldaco v. RentGrow, Inc. that the definition of “conviction” under the federal Fair Credit Reporting Act (FCRA) should be interpreted by federal law and not by the law of the state where …

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