Man Misidentified as Criminal on Background Check Awarded Over $3 Million

  Written By ESR News Blog Editor Thomas Ahearn A Florida man who was denied jobs after a background check company misidentified him twice as a criminal – one who just happened to have the same birth date and a similar name – has won a nearly $3.6 million verdict in federal court, according to …

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Court Rules DOT Screening Program Does Not Violate Privacy of Drivers

Written By ESR News Blog Editor Thomas Ahearn A federal appeals court has ruled the United States Department of Transportation (DOT) did not violate the privacy of truck drivers by providing information about their non-serious safety violations to prospective employers, a decision that leaves intact the Pre-Employment Screening Program (PSP) established by the DOT’s Federal …

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JPMorgan Chase Granted Summary Judgment in FCRA Class Action Lawsuit over Background Checks

  Written By ESR News Blog Editor Thomas Ahearn The U.S. District Court for the District of Arizona has granted JPMorgan Chase a summary judgment motion in a class action lawsuit that claimed the banking and financial services company violated the Fair Credit Reporting Act (FCRA) when obtaining Federal Bureau of Investigation (FBI) background checks, …

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Court Rules Structure of CFPB is Unconstitutional

Written By ESR News Blog Editor Thomas Ahearn The U.S. Court of Appeals for the District of Columbia Circuit has ruled the structure of an independent agency established by Congress in the Dodd-Frank Act of 2010 – the Consumer Financial Protection Bureau (CFPB) – is unconstitutional and that the current CFPB Director “enjoys more unilateral …

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Home Health Care Agency Sued for Alleged Negligent Hiring and Supervision of Sweetheart Swindler

  Written By ESR News Blog Editor Thomas Ahearn A woman has sued a home health care agency for the alleged negligent hiring and supervision of a well-known con artist dubbed “The Sweetheart Swindler” with a long criminal history of stealing from the elderly dating back to the 1960s, according to a report from the …

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Dish Network to Pay $1.75 Million to Settle FCRA Class Action Lawsuit

Written By ESR News Blog Editor Thomas Ahearn Satellite television company Dish Network has agreed to pay $1.75 million to settle a class action lawsuit over alleged violations of the federal Fair Credit Reporting Act (FCRA) for not providing proper consent and disclosure forms needed to conduct background checks for employment purposes, according to a …

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Judge Finds FCRA Lawsuit against Background Check Firm May Proceed Under Supreme Court Spokeo Ruling

  Written By ESR News Blog Editor Thomas Ahearn In July of 2016, a federal judge in the Northern District of California certified a class of job applicants in a lawsuit claiming a background check firm violated the federal Fair Credit Reporting Act (FCRA) that may proceed under the “concreteness” test established by a U.S. …

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Lawsuit Claims LA Unified School District Rejected Job Seekers with Expunged Criminal Records

Written By ESR News Blog Editor Thomas Ahearn A lawsuit filed against the Los Angeles Unified School District (LAUSD) by members of a civil rights group claims job seekers with expunged misdemeanor records were illegally rejected for positions within the LAUSD, according to a story on the Courthouse News Service (CNS) website.

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

  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 …

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FCRA Lawsuits Increased by Nearly 35 Percent in June 2016

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.

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