Tag Archives: court cases

Judge Dismisses FCRA Lawsuit Against Time Warner Citing Supreme Court Spokeo Ruling

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Written By ESR News Blog Editor Thomas Ahearn

A Wisconsin federal judge has dismissed a class action lawsuit against Time Warner Cable, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) by finding the plaintiff could not show he suffered “concrete harm” from the background check process in a decision that cited a ruling in the case of Spokeo v. Robins by the Supreme Court of the United States. Continue reading

FCRA Lawsuits Increased by Nearly 35 Percent in June 2016

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Written By ESR News Blog Editor Thomas Ahearn

Lawsuits involving the federal Fair Credit Reporting Act (FCRA) increased by nearly 35 percent in June 2016 over May 2016, according to the latest Debt Collection Litigation and Consumer Financial Protection Board (CFPB) Complaint Statistics Report from WebRecon LLC. Continue reading

Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according to a report from Bloomberg BNA. Continue reading

Job Seeker Wins $230,000 in FCRA Settlements against Employers

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Written By ESR News Blog Editor Thomas Ahearn

A Green Bay, Wisconsin job seeker has won at least $230,000 in settlements from employers across the country involving alleged violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes in the United States, according to an article from the Milwaukee Journal Sentinel. Continue reading

Judge Rules FCRA Class Action Lawsuit Against Restaurant Chain May Proceed

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Written By ESR News Blog Editor Thomas Ahearn

A federal judge has ruled that a class action lawsuit against Waffle House that seeks damages due to the restaurant chain’s alleged “systematic and willful violation of the Fair Credit Reporting Act (FCRA)” by obtaining background check reports without taking adequate steps to ensure that the information reported was accurate may proceed, according to a report from Courthouse News. Continue reading

Uber to Pay $7.5 Million to Settle Lawsuit Over Driver Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

Uber Technologies Inc. has agreed to pay $7.5 million to settle a lawsuit that claimed the online transportation network company terminated drivers after obtaining driver background checks about them without their authorization, according to a Reuters report from Reuters. Continue reading

Judge Dismisses FCRA Class Action Lawsuit Against Target

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Written By ESR News Blog Editor Thomas Ahearn

A federal judge in Minnesota has dismissed a class action lawsuit against Target Corp. by ruling the discount retailer did not “willfully” violate the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment in the U.S., according to a report from Top Class Actions. Continue reading

Supreme Court Rules in Spokeo Case on Whether Consumers Must Prove Concrete Injury in Class Action Lawsuits

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BREAKING NEWS

Written By ESR News Blog Editor Thomas Ahearn

On Monday, May 16, 2016, the Supreme Court of the United States (SCOTUS) ruled in the case of Spokeo, Inc. v. Robins (Docket No. 13-1339) that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. The SCOTUS ruling sent the case back to the Ninth Circuit Court of Appeals stating its Article III standing analysis in a February 4, 2014 decision to reverse a dismissal of the case was incomplete because the Ninth Circuit “failed to consider both aspects of the Article III injury-in-fact requirement.” Continue reading

Webinar Examines Explosion of FCRA Lawsuits against Employers

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Written By ESR News Blog Editor Thomas Ahearn

With class action suits against employers who conduct background checks on job applicants mushrooming, Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will host a live webinar with Compliance World entitled “The Explosion of Lawsuits against Employers under the Fair Credit Reporting Act (FCRA) – Traps and Pitfalls to Avoid” on Friday, May 20, 2016, at 2:00 PM EDT / 11:00 AM PDT. To register for this webinar, click here. Continue reading

Judge Rules Women Can Sue Uber Over Alleged Sexual Assaults

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Written By ESR News Blog Editor Thomas Ahearn

A San Francisco federal judge has ruled that two women may continue their lawsuit against Uber Technologies, Inc. for two alleged sexual assaults committed by Uber drivers even though the transportation network company claims they are not liable for the actions of drivers since they are independent contractors and not employees, according to a report on SiliconBeat.com. Continue reading