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

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 …

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

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 …

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Judge Dismisses FCRA Lawsuit Involving Background Checks

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.”

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

  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 …

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

  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 …

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UPS Faces FCRA Class Action Lawsuit Over Alleged Background Check Violations

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 …

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Appeals Court Rules Employer Willfully Violated FCRA with Liability Waiver on Background Check Disclosure Document

  Written By ESR News Blog Editor Thomas Ahearn On January 20, 2017, the Ninth Circuit Court of Appeals ruled that employers can “willfully” violate the federal Fair Credit Reporting Act (FCRA) if they provide job applicants with a disclosure that a background check may be obtained for employment purposes that also includes a liability waiver …

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Starbucks Faces Class Action Lawsuit for Allegedly Inaccurate Background Check

  Written By ESR News Blog Editor Thomas Ahearn Starbucks Corp. is facing a class action lawsuit filed by a Colorado man who claims he was denied a job based on an allegedly inaccurate background check and is suing the coffeehouse chain for violations of the federal Fair Credit Reporting Act (FCRA), according to a …

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Court Finds Complete and Up To Date Requirement of FCRA Does Not Include Accuracy Component

  Written By ESR News Blog Editor Thomas Ahearn A District Court in Pennsylvania has ruled that the “complete and up to date” requirement of the federal Fair Credit Reporting Act (FCRA) that consumer reporting agencies (CRAs) must follow when performing background checks does not include an “accuracy” component as well.

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FCRA Lawsuits Will Remain a Potential Threat to Employers After Supreme Court Decision in Spokeo Case

  Written By ESR News Blog Editor Thomas Ahearn On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving …

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