Tag Archives: adverse action

Court Finds Sending Copy of Background Check and Summary of Rights Satisfies FCRA Pre-Adverse Action Requirements

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Written By ESR News Blog Editor Thomas Ahearn

A Pennsylvania Court has found in the case of Wright v. Lincoln Property Company that an employer who considered rejecting an applicant based on a background check and followed “pre-adverse” action rules under the federal Fair Credit Reporting Act (FCRA) that requires employers to send applicants a copy of their background checks and a summary of rights under the FCRA prior to taking “adverse action” is only obligated to send the applicant these documents and whether the applicant receives them is irrelevant. Continue reading

UPS Faces FCRA Class Action Lawsuit Over Alleged Background Check Violations

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Written By ESR News Blog Editor Thomas Ahearn

United Parcel Service (UPS) of America Inc. faces a class action lawsuit that claims UPS allegedly violated the federal Fair Credit Reporting Act (FCRA) by using background checks for employment without providing the results to job applicants or employees, according to a report on the Top Class Actions website. Continue reading

FTC Reminds Users of Consumer Reports of their Obligations Under the FCRA

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Written By ESR News Blog Editor Thomas Ahearn

A Federal Trade Commission (FTC) blog entitled ‘Background checks? Don’t double-dip.’ reminds users who receive information from Consumer Reporting Agencies (CRAs) that compile consumer reports containing the employment, income, and criminal history of consumers that they must comply with the federal Fair Credit Reporting Act (FCRA) and not “double-dip” and get a report for one purpose but use if for a different purpose. Continue reading

CFPB Supervisory Highlights for Summer 2016 Include FCRA Adverse Action Notice Issues

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Written By ESR News Blog Editor Thomas Ahearn

The Consumer Financial Protection Bureau (CFPB) Supervisory Highlights for Summer 2016 publication features some issues related to adverse action notices that the federal Fair Credit Reporting Act (FCRA) requires users of background check reports to send to subjects of those reports when any adverse (i.e. negative) action is taken against them based on information contained in the background check report. Continue reading

Wells Fargo Settles Background Check Lawsuit for $12 Million

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Written By ESR News Blog Editor Thomas Ahearn

Wells Fargo Bank has agreed to a settlement of $12 million to resolve a class action lawsuit that claimed the financial institution allegedly violated the federal Fair Credit Reporting Act (FCRA) after denying employment to a job applicant based on the results of a background check report. Continue reading

Amazon Motion of Summary Judgement Denied in FCRA Lawsuit

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Written By ESR News Blog Editor Thomas Ahearn

A judge in Washington state has denied a motion of summary judgement filed by Amazon.com and a staffing company in a class action lawsuit claiming the online retail giant violated the federal Fair Credit Reporting Act (FCRA), according to a TopClassActions.com report. Continue reading

Judge Rules Healthcare Provider Complied With FCRA in Background Check Lawsuit

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Written By ESR News Blog Editor Thomas Ahearn

A Pennsylvania federal judge has ruled in a class action lawsuit over background checks that Genesis Healthcare LLC complied with the federal Fair Credit Reporting Act (FCRA) when obtaining the criminal history of a job applicant from a third party background check provider. Continue reading

Amazon Faces Class Action Lawsuit for Alleged FCRA Violations

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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed in Tampa, Florida claims the nation’s largest online retailer Amazon.com allegedly violated the federal Fair Credit Reporting Act (FCRA) by misusing consumer credit reports for hiring, termination, and assignment decisions, according to a report from Courthouse News Service. Continue reading

Class Action Lawsuit Claims Bank Violated FCRA with Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the Fair Credit Reporting Act (FCRA) when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and including a release of liability in authorization forms. Continue reading

Hertz Faces Lawsuit for Alleged FCRA Violations

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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed in San Francisco federal court claims Hertz Corporation and the Consumer Reporting Agency (CRA) providing background check reports to the rental car giant allegedly “acted willfully in violating the requirements” of the Fair Credit Reporting Act (FCRA) when performing criminal background checks on job applicants. Continue reading