Category: FCRA

Settlement Approved in Lawsuit Over Alleged Inaccurate Background Checks

Written By ESR News Blog Editor Thomas Ahearn In December of 2019, a federal judge in Pennsylvania gave final approval for a settlement of a class action lawsuit for $562,500 against a “company accused of providing prospective employers with inaccurate criminal background checks,” according to a report on PennLive.com. PennLive.com reports that U.S. Middle District …

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CFPB Issues Rule on Maximum Charges for Disclosures by CRAs Under FCRA

Written By ESR News Blog Editor Thomas Ahearn              In November of 2019, the Consumer Financial Protection Bureau (CFPB) issued a final rule in the Federal Register to establish the maximum allowable charge for disclosures by a consumer reporting agency (CRA) under Section 609 of the federal Fair Credit Reporting Act (FCRA) for the 2020 calendar …

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Consumer Reporting Agency to Pay $3.6 Million to Settle FCRA Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On November 12, 2019, a Florida federal judge granted final approval for a $3.6 million settlement in a class action lawsuit filed against a Consumer Reporting Agency (CRA) to resolve allegations that the CRA violated the federal Fair Credit Reporting Act (FCRA) by providing employers with background …

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CFPB Requires Screening Firm to Pay $8.5 Million for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On November 22, 2019, the Consumer Financial Protection Bureau (CFPB) – an agency enforcing federal consumer financial laws – filed a proposed Stipulated Final Judgment and Order that will require a background screening company to pay $6 million in monetary relief and a $2.5 million civil money …

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Job Applicants Undergoing Background Checks Have Rights Under FCRA

Written By ESR News Blog Editor Thomas Ahearn With the vast majority of employers in the United States conducting some type of background check on job applicants, these applicants undergoing background checks to find work need to know that they are granted many important rights during this process under a federal law called the Fair …

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Woman Files FCRA Lawsuit Against Lyft Claiming Background Check Mix-Up

Written By ESR News Blog Editor Thomas Ahearn On October 16, 2016, a Florida woman filed a lawsuit against Lyft, Inc. and the company conducting background checks for the transportation network company (TNC) that claimed the companies violated the federal Fair Credit Reporting Act (FCRA) when “a mix-up in her background check cost her time …

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Court Dismisses FCRA Class Action Lawsuit Against Consumer Reporting Agency Citing Spokeo Ruling

Written By ESR News Blog Editor Thomas Ahearn On September 23, 2019, a District Court in Virginia granted a motion to dismiss a class action lawsuit where the plaintiffs – applicants who applied for jobs with Wells Fargo between August 17, 2012, and April 10, 2015 – claimed the defendant, a Consumer Reporting Agency (CRA) …

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Judge Decertifies Class of 6.5 Million Applicants in FCRA Lawsuit Against Walmart Finding Insufficient Injury Under Spokeo

Written By ESR News Blog Editor Thomas Ahearn On October 18, 2019, a California federal judge decertified a class of approximately 6,547,400 applicants in a class action lawsuit against Walmart that claimed the retail giant procured background checks using disclosure forms that violated the federal Fair Credit Reporting Act (FCRA), finding the plaintiffs failed to …

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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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