Employers Using Continuous Monitoring Services Have Important Compliance Considerations

Written By ESR News Blog Editor Thomas Ahearn Employers using continuous monitoring services that alert them to changes in the credit and criminal histories of their employees may have potential liability under the Fair Credit Reporting Act (FCRA), according to the article “Employers Need to Grasp Risks of Continuous Monitoring Services” on the Bloomberg Law® …

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Appeals Court Affirms Dismissal of Lawsuit Claiming Violations of FCRA

Written By ESR News Blog Editor Thomas Ahearn On August 10, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a September 2019 Connecticut district court decision that dismissed a lawsuit claiming violations of the federal Fair Credit Reporting Act (FCRA) because a consumer had not notified a Credit Reporting Agency (CRA) of …

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FCRA Lawsuit Claims TransUnion Mislabeled Man as Terrorist on Credit Report

Written By ESR News Blog Editor Thomas Ahearn On August 24, 2020, a Pennsylvania man filed a class action lawsuit in federal court claiming TransUnion violated the Fair Credit Reporting Act (FCRA) by mislabeling him as a terrorist on his credit report because his name resembled two people on a terrorist watch list, a news …

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FTC Seeking Comments on Proposed Changes to Five FCRA Rules

Written By ESR News Blog Editor Thomas Ahearn On August 24, 2020, the Federal Trade Commission (FTC) announced that it is seeking comments on proposed changes that would bring several rules implementing parts of the Fair Credit Reporting Act (FCRA) in line with the Dodd-Frank Wall Street Reform and Consumer Protection Act, according to a …

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Court Rules Former Employee May Pursue FCRA Claims Over Termination

Written By ESR News Blog Editor Thomas Ahearn On July 21, 2020, the United States District Court, District of Columbia issued an opinion in Mattiaccio v. DHA Group., Inc. that determined the Plaintiff had standing to pursue claims of Fair Credit Reporting Act (FCRA) violations against his former employer after a background check was used …

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Court Certifies $1.28 Million FCRA Settlement in Madison Square Garden Suit

Written By ESR News Blog Editor Thomas Ahearn On August 7, 2020, the U.S. District Court for the Southern District of New York certified a proposed $1.28 million class settlement to resolve claims that Madison Square Garden (MSG) violated the federal Fair Credit Reporting Act (FCRA) by denying employment based on findings in criminal background …

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FTC Alleges Purveyor of Background Reports Violated FCRA with False Claims

Written By ESR News Blog Editor Thomas Ahearn On July 27, 2020, the U.S. Department of Justice (DOJ) filed a complaint on behalf of the Federal Trade Commission (FTC) alleging that a California-based purveyor of background reports deceived consumers with “teaser background reports” that falsely claimed to include information about arrest, criminal, and sex offender …

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CFPB Addresses How AI Interacts with Adverse Action Requirements of FCRA

Written By ESR News Blog Editor Thomas Ahearn On July 7, 2020, the Consumer Financial Protection Bureau (CFPB) – a government agency that helps businesses comply with federal consumer financial law – published a blog addressing industry concerns about how the use of Artificial Intelligence (AI) interacts with the existing regulatory framework, specifically the adverse …

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U.S. House Passes “Protecting Your Credit Score Act” that Would Amend FCRA

Written By ESR News Blog Editor Thomas Ahearn On June 29, 2020, the United States House of Representatives passed the “Protecting Your Credit Score Act” (H.R. 5332) that would amend the federal Fair Credit Reporting Act (FCRA) to ensure, among other purposes, that consumer reporting agencies (CRAs) are providing fair and accurate information reporting in …

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Appeals Court Examines Willfulness Standard of Fair Credit Reporting Act (FCRA)

Written By ESR News Blog Editor Thomas Ahearn On June 19, 2020, the United States Court of Appeals for the Eleventh Circuit vacated a jury’s finding that a major nationwide credit reporting agency (CRA) willfully violated the federal Fair Credit Reporting Act (FCRA) that regulates background checks in the United States by failing to investigate …

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