Tag Archives: Class Action Lawsuits

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

Jury Awards Record Damages of $60 Million after Finding Credit Reporting Agency Violated FCRA

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Written By ESR News Blog Editor Thomas Ahearn

On June 20, 2017, a federal jury in California awarded a record $60 million in statutory and punitive damages after finding that major credit reporting agency TransUnion allegedly violated the Fair Credit Reporting Act (FCRA) when performing credit checks by confusing consumers with individuals found in the United States Treasury Department’s Office of Foreign Assets Control (OFAC) database. Continue reading

Burger Chain Faces FCRA Class Action Lawsuit Over Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

A potential class action lawsuit brought by a former employee against Five Guys claims the popular burger chain violated the federal Fair Credit Reporting Act (FCRA) and California labor law by conducting background checks on employees without properly notifying them, according to a report from BigClassAction.com. Continue reading

Consumer Files Lawsuit Claiming Credit Reporting Agencies Failed to Remove Dispute Language from Credit Report

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Written By ESR News Blog Editor Thomas Ahearn

On May 23, 2017, a consumer filed a complaint in the U.S. District Court for the Western District of Louisiana against two of the three major credit reporting agencies claiming “she was damaged because her credit report was not updated per her request,” according to a report from the Louisiana Record. Continue reading

Appeals Court Finds No Concrete Injury in FCRA Lawsuit Over Incorrect Information on Credit Report

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Written By ESR News Blog Editor Thomas Ahearn

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit decided in Dreher v. Experian Information Solutions, Inc., et al that the plaintiff’s claim that Experian violated the federal Fair Credit Reporting Act (FCRA) by listing a defunct company on his credit report – thus denying him access to information to which he was entitled – failed to establish a “concrete injury” under Article III of the U.S. Constitution. Continue reading

Inaccurate Background Check Leads Applicant to File Class Action Lawsuit against Prospective Employer

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Written By ESR News Blog Editor Thomas Ahearn

A Booneville, Indiana woman who was shocked to learn she would not be hired for a nursing job when an employment background check report revealed that she had “multiple felonies” – even though she insists she has “a squeaky clean criminal record” – has filed a class action lawsuit against her prospective employer that requested the background check, according to a story from The Indianapolis Star. Continue reading

Judge Dismisses FCRA Lawsuit Involving Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

In March 2017, a federal judge in Minnesota dismissed a class action lawsuit where a woman claimed that her former employer and its related entities “willfully” violated the federal Fair Credit Reporting Act (FCRA) even though she said she did not suffer any “actual damages” but only “informational damages.” Continue reading

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

Safe Hiring Expert Attorney Lester Rosen to Present Session at HR West 2017

 HRWest2017

Written By ESR News Blog Editor Thomas Ahearn

Attorney Lester Rosen, author of “The Safe Hiring Manual” and CEO of San Francisco, California-area background check firm Employment Screening Resources® (ESR), will present a live session entitled “Avoiding Lawsuits and Bad Hires with Effective Background Screening” on Monday, March 6, 2017, from 3:00 p.m. to 4:30 p.m., at HR West 2017 at the Oakland Convention Center in Oakland, California. For more information about HR West 2017, please visit http://hrwest.org/. Continue reading