Written By ESR News Blog Editor Thomas Ahearn Target Corporation has agreed to pay $3.7 million to settle a class action lawsuit to resolve allegations its overly broad and outdated criminal background check policy discriminated against African-American and Latino applicants, according to a press release from the NAACP Legal Defense and Education Fund, Inc. (LDF).Continue reading "Target to Pay $3.7 Million to Settle Lawsuit Over Discriminatory Criminal Background Check Policy"
Written By ESR News Blog Editor Thomas Ahearn In February 2018, Fair Credit Reporting Act (FCRA) cases led consumer litigation filings with 422 plaintiffs – nearly 60 percent higher than in February 2017 – while Telephone Consumer Protection Act (TCPA) cases and Fair Debt Collection Practices Act (FDCPA) cases declined, according to WebRecon LLC.Continue reading "FCRA Consumer Litigation Filings Continue to Increase in February 2018"
Written By ESR News Blog Editor Thomas Ahearn On February 20, 2018, the Supreme Court of the United States denied a petition for a writ of certiorari to review the case of CareFirst Inc. v. Attias and possibly provide some clarification of the Court’s May 2016 ruling in the related case of Spokeo Inc. v. Robins to …Continue reading "U.S. Supreme Court Denies Petition to Review Case that May Impact Data Breach Lawsuits"
Written By ESR News Blog Editor Thomas Ahearn Consumer litigation filed under the Fair Credit Reporting Act (FCRA) – a federal law ensuring accuracy, fairness, and privacy of consumer information – increased 9.9 percent from 2016 to 2017, with FCRA filings increasing from 3,954 in 2016 to 4,346 in 2017, according to statistics provided by …Continue reading "FCRA Consumer Litigation Increased Nearly Ten Percent from 2016 to 2017"
Written By ESR News Blog Editor Thomas Ahearn On January 22, 2018, the Supreme Court of the United States denied a petition for a writ of certiorari that sought a review of the Court’s ruling on May 16, 2016, in the case of Spokeo, Inc. v. Robins that found a mere “technical” violation of a federal …Continue reading "U.S. Supreme Court Denies Petition Seeking Review of Ruling in Spokeo Case Involving Alleged FCRA Violations"
Written By ESR News Blog Editor Thomas Ahearn In December of 2017, a federal Judge in Pennsylvania dismissed a class action lawsuit against Rite Aid Corporation claiming violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes for lack of standing under Article III of the United States Constitution.Continue reading "Judge Dismisses FCRA Class Action Lawsuit Against Rite Aid for Lack of Standing Under U.S. Constitution"
Written By ESR News Blog Editor Thomas Ahearn On May 16, 2016, the U.S. Supreme Court ruled in Spokeo, Inc. v. Robins that plaintiffs must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute such as the Fair Credit Reporting Act (FCRA). The fact that employers are still targeted in lawsuits …Continue reading "FCRA Class Action Lawsuits Will Continue to Target Employers Performing Background Checks in 2018"
Written By ESR News Blog Editor Thomas Ahearn Avis has agreed to pay $2.7 million to settle a class action lawsuit that claims the car rental company allegedly violated the federal Fair Credit Reporting Act (FCRA) when conducting background checks on job applicants for employment purposes, according to a report on the TopClassActions.com website.Continue reading "Avis Settles Class Action Lawsuit Over Alleged FCRA Violations with Background Checks for $2.7 Million"
Written By ESR News Blog Editor Thomas Ahearn Former job applicants who claim Waffle House violated the federal Fair Credit Reporting Act (FCRA) with background check reports have filed a new complaint that “consolidates claims brought by 23 plaintiffs in two Waffle House class action lawsuits filed earlier this year,” according to a report from TopClassActions.com.Continue reading "Job Applicants Consolidate Class Action Lawsuits Claiming FCRA Violations by Waffle House Background Check Reports"
Written By ESR News Blog Editor Thomas Ahearn Uber Technologies, Inc. – a leading global Transportation Network Company (TNC) – faces a class action lawsuit from two anonymous women who claim that as passengers they were sexually assaulted by two Uber drivers due in part to the TNC allegedly “using low cost, woefully inadequate background checks …Continue reading "Uber Faces Class Action Lawsuit Claiming Assaults by Drivers Due to Allegedly Inadequate Background Checks"