Judge Grants Class Certification in FCRA Lawsuit against Disneyland

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.

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

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 …

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

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 …

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Burger Chain Faces FCRA Class Action Lawsuit Over Background Checks

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.

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

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 …

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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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