Tag Archives: Fair Credit Reporting Act (FCRA)

FCRA Class Action Lawsuit Filed Over Background Checks

Written By Thomas Ahearn

Class Action Lawsuit BlogsA Fair Credit Reporting Act (FCRA) class action lawsuit filed in a Georgia federal court alleges that a rent-to-own retailer ran background checks and credit reports on employees and job applicants without providing copies of the reports and took adverse employment action against applicants and employees without giving them access to the reports or informing them of their rights under the FCRA. A copy of the Complaint is available at http://thejordanfirm.com/wp-content/uploads/2014/07/1-main.pdf. Continue reading

Court Approves Settlement in Background Checks Lawsuit

Written By Thomas Ahearn

Background Checks LawsuitsA New Jersey federal court has approved an $870,500 settlement between New Jersey-based New England Motor Freight and a group of 7,000 truck drivers who claimed that “the carrier denied them employment after conducting criminal background checks and obtaining credit reports and driver history records without their authorization,” according to a story on the Transport Topics website available at http://www.ttnews.com/articles/showtemplate.aspx?storyid=35124&t=Court-Approves-Settlement-in-New-Jersey-Background-Check-Lawsuit. Continue reading

Auto Parts Dealer Faces Background Check Class Action Lawsuit

Written By Thomas Ahearn

Background Check Class Action LawsuitA class action lawsuit filed in Central California against O’Reilly Auto Parts alleges the company obtained and used information from background checks during its hiring processes without obeying state and federal mandates, according to a story on ClassActionNews.com available at http://www.classactionsnews.com/employment/o%E2%80%99reilly-auto-parts-illegal-background-class-action-lawsuit. Continue reading

Background Check Lawsuit Claims Hotels Violated FCRA

Written By Thomas Ahearn

Background Check Class Action LawsuitsA class action lawsuit filed against ESA Management LLC, which operates more than 680 Extended Stay America hotels in the United States, alleges the company obtained background check reports on job applicants without their authorization in violation of the Fair Credit Reporting Act (FCRA). A report about the background check class action lawsuit from TopClassActions.com is available at http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/25857-extended-stay-hotel-background-check-class-action-filed-calif/. Continue reading

Trucking Company Settles for $4.4 Million in Background Check Lawsuit

Written By Thomas Ahearn

Background Check LawsuitsTrucking conglomerate Swift Transportation has agreed to pay a $4.4 million settlement with 160,000 driver applicants for a class action lawsuit claiming Swift violated the Fair Credit Reporting Act (FCRA) by not disclosing to driver applicants that they could access and contest background check reports used in the company’s hiring process, according to a story on the eTrucker.com website. The full story is available at http://www.etrucker.com/ovd/swift-makes-4-4-million-settlement-with-160000-driver-applicants-over-background-checks. Continue reading

Webinar Reviews Fair Credit Reporting Act and Background Checks

Written By Thomas Ahearn

ESR Founder & CEO Attorney Lester RosenThe federal Fair Credit Reporting Act (FCRA) regulates how employers conduct employment screening. Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present a live webinar with Clear Law Institute titled “The Federal Fair Credit Reporting Act (FCRA) and Background Checks” on Friday, April 18, 2014 at 12:00 PM PST. For more information, visit: http://clearlawinstitute.com/the-federal-fair-credit-reporting-act-fcra-and-background-checks/. Continue reading

Court Ruling Underscores Best Practices for Handling Consumer Disputes about Accuracy of Criminal Records in Background Checks

By Lester S. Rosen, Attorney at Law and CEO of Employment Screening Resources® (ESR)

court cases A ruling by a federal judge in a case in Minnesota on March 26, 2013 underscores the need for background screening firms to carefully review their processes for re-investigation of consumer disputes. Continue reading

Data Brokers Settle FTC Charges of FCRA Violations

Written By Thomas Ahearn

ESR News BlogTwo data brokers that sell public record information about consumers have agreed to settle Federal Trade Commission (FTC) charges that they violated the Fair Credit Reporting Act (FCRA) by allegedly providing reports about consumers to users such as prospective employers and landlords without taking reasonable steps to make sure that they were accurate or that their users had a permissible reason to have those reports. A press release from the FTC about the settlements is available at http://www.ftc.gov/news-events/press-releases/2014/04/two-data-brokers-settle-ftc-charges-they-sold-consumer-data. Continue reading

Class Action Lawsuit Over Background Checks

Written By Thomas Ahearn

homepage-legalA former independent contractor fired for failing a background check has filed a class action lawsuit in New Jersey federal court against UBS Financial Services Inc. for alleged systematic violations of the federal Fair Credit Reporting Act (FCRA) by failing to provide copies of background checks and including illegal language in consent forms. The class action lawsuit PLASTERS v. UBS FINANCIAL SERVICES, INC. is available at http://ia700702.us.archive.org/33/items/gov.uscourts.njd.301246/gov.uscourts.njd.301246.1.0.pdf. Continue reading

Background Check Forms Under Increased Scrutiny

Written By Thomas Ahearn

homepage-legalA federal court decision from a District Court in Pennsylvania granted summary judgment in favor of a class of more than 1,800 job applicants and ruled the employer’s background check consent and disclosure form was improper since the form contained a waiver of liability even though such language is a common practice among some businesses. The ruling in the case of Reardon v. Closetmaid Corporation is available at http://docs.justia.com/cases/federal/district-courts/pennsylvania/pawdce/2:2008cv01730/89928/157. Continue reading