Tag Archives: court cases

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

Class Action Lawsuit Claims SEPTA Violated FCRA and State Laws with Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed in a federal court in Philadelphia claims that the Southeastern Pennsylvania Transportation Authority (SEPTA) “willfully” violated the federal Fair Credit Reporting Act (FCRA) and state laws when conducting criminal background checks on job applicants, according to a press release from Outten & Golden LLP and a coalition of legal advocates. Continue reading

Census Bureau Background Check Lawsuit Settlement Should Be Wake Up Call for Employers

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Census Bureau agreeing to pay a $15 million settlement to end a class action lawsuit for alleged discrimination against African American and Hispanic job applicants with arrest records during the criminal background check process when hiring temporary workers for the 2010 census “should also be a wake-up call for employers,” according to a background check expert quoted in an article on the Society for Human Resource Management (SHRM) website. Continue reading

Data Breach Caused by Alleged Phishing Scam Leads to Class Action Lawsuit against Supermarket

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Written By ESR News Blog Editor Thomas Ahearn

A proposed nationwide class action lawsuit claims that Phoenix, Arizona-based supermarket chain Sprouts Farmers Market Inc. allegedly fell victim to a data breach caused an email “phishing” scam that led the company’s payroll department to voluntarily release the W-2 Wage and Tax Forms of up to 21,000 employees in March 2016, according to a report on the Top Class Actions website. Continue reading