Tag Archives: Class Action Lawsuits

Congress Considers FCRA Liability Harmonization Act to Amend Fair Credit Reporting Act to Limit Damages in Class Action Lawsuits

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Written By ESR News Blog Editor Thomas Ahearn

On September 7, 2017 – ironically the same day nationwide credit reporting agency Equifax announced it had suffered a massive data breach – Congress held a hearing entitled “Legislative Proposals for a More Efficient Federal Financial Regulatory Regime” to consider six proposals including one called “The FCRA Liability Harmonization Act” (H.R. 2359) that would amend the Fair Credit Reporting Act (FCRA) to limit damages related to class action lawsuits filed under the FCRA. Continue reading

Class Action Lawsuit Filed Against Marriott Resorts for Alleged FCRA and California Labor Code Violations

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Written By ESR News Blog Editor Thomas Ahearn

A class action complaint filed against Marriott Ownership Resorts, Inc. claims the vacation ownership company allegedly violated the federal Fair Credit Reporting Act (FCRA) by failing to adequately disclose and obtain authorization to conduct background checks on job applicants. Continue reading

Home Depot Faces FCRA Class Action Lawsuit Over Background Check Consent Forms

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Written By ESR News Blog Editor Thomas Ahearn

On August 4, 2017, a class action lawsuit filed in California federal court against Home Depot USA Inc. claimed the home improvement retailer willfully violated the Fair Credit Reporting Act (FCRA) with allegedly improper disclosures and authorizations on background check consent forms. Continue reading

Appeals Court Finds FCRA Lawsuit Over Background Check Disclosures Lacks Article III Standing

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Written By ESR News Blog Editor Thomas Ahearn

On August 1, 2017, the United States Court of Appeals for the Seventh Circuit held that a plaintiff who filed class action lawsuits claiming extraneous information in a background check disclosure form violated the federal Fair Credit Reporting Act (FCRA) lacked the necessary Article III standing under the U.S. Constitution for a lawsuit. Continue reading

Appeals Court Rules FCRA Lawsuit Against Spokeo Establishes Sufficient Concrete Injury to Meet Article III Standing

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Written By ESR News Blog Editor Thomas Ahearn

On August 15, 2017, the Ninth U.S. Circuit Appeals Court ruled in the case of Robins v. Spokeo on remand from the Supreme Court of the United States that a man who claimed an online “people search engine” violated the federal Fair Credit Reporting Act (FCRA) by providing inaccurate information about him has sufficient “concrete injury” to meet the Article III standing established by a Supreme Court ruling in May of 2016. Continue reading

Courier Service Settles Background Check Lawsuit for $2.5 Million Over Alleged FCRA Violations

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Written By ESR News Blog Editor Thomas Ahearn

Applicants who applied for job with Postmates – a  logistics company that operates a network of couriers who deliver goods locally – may be entitled to payment from a $2.5 million class action lawsuit settlement fund over claims the company’s background check process allegedly violated the federal Fair Credit Reporting Act (FCRA), according to a news report on the Top Class Actions website. Continue reading

Retail Giant Walmart Faces Class Action Lawsuit for Alleged FCRA Violations with Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Walmart faces a class action lawsuit that claims the retail giant allegedly violated the federal Fair Credit Reporting Act (FCRA) and California law by using unauthorized background checks on job applicants and employees without properly obtaining legal authorization, according to a Top Class Actions report. Continue reading

Class Action Lawsuit First to Challenge Alleged Employer Violations of New York City Ban the Box Law

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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed in a New York federal court on August 4, 2017, could be the first of its kind to challenge alleged violations by employers of a New York City “Ban the Box” law called the Fair Chance Act (FCA), according to a press release from employment law firm Outten & Golden LLP, which filed the suit along with the nonprofit organization Youth Represent. Continue reading

Judge Grants Class Certification in FCRA Lawsuit against Disneyland

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Written By ESR News Blog Editor Thomas Ahearn

A California Superior Court Judge has granted a motion for class certification for two certified Classes of job applicants in a lawsuit that claims Disneyland background checks for employment did not comply with the federal Fair Credit Reporting Act (FCRA), according to a report from Top Class Actions. Continue reading

Judge Dismisses FCRA Lawsuit Over Background Check Disclosure for Lack of Standing Under Article III

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Written By ESR News Blog Editor Thomas Ahearn

On June 15, 2017, a Judge in the Northern District of Texas issued a Memorandum Opinion and Order granting a dismissal for the defendants in a class action lawsuit, Dyson v. Sky Chefs, Inc., holding that the plaintiff who alleged the improper inclusion of “extraneous” information in a Fair Credit Reporting Act (FCRA) disclosure for a background check lacked standing under Article III of the U.S. Constitution. Continue reading