Tag Archives: Fair Credit Reporting Act (FCRA)

$3 Million Settlement Reached in FCRA Class Action Lawsuit

 FCRAFTCGavel

Written By ESR News Blog Editor Thomas Ahearn

A settlement of $3 million was reached in class action lawsuit between a group of job applicants and east coast grocery store chain Food Lion, LLC and its parent company Delhaize America, LLC over allegedly illegal background checks in violation of the Fair Credit Reporting Act (FCRA), according to a report from TopClassActions.com. Continue reading

Employment Screening Resources Releases Whitepaper Showing Why Employers Should Be Careful when Choosing CRAs

 Employment-Screening-Resources-Logo

Written By ESR News Blog Editor Thomas Ahearn

Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – has released a whitepaper on ‘Common Ways Consumer Reporting Agencies are Sued Under the FCRA’ showing employers the reasons why prospective employees may sue Consumer Reporting Agencies (CRAs) for alleged violations of the federal Fair Credit Reporting Act (FCRA). The complimentary whitepaper is at http://www.esrcheck.com/Whitepapers/. Continue reading

FCRA Class Action Lawsuits Against Employers Becoming Routine

Blogs about FCRA Class Actions

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead plaintiff within one week of each other and both alleging the same cause of action underscore the prevalence of class action lawsuits for violations of the federal Fair Credit Reporting Act (FCRA). It also demonstrates that employers can easily avoid these lawsuits by paying attention to the basics of the FCRA since both lawsuits were based on the use of language that Employment Screening Resources (ESR) has long warned employers to avoid. Continue reading

Another FCRA Lawsuit Filed Against Michaels Stores

Blogs about FCRA Class Actions

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit alleging violations of the federal Fair Credit Reporting Act (FCRA) with improper background checks on job applicants was filed against Michaels Stores – the second FCRA lawsuit filed against the retail craft supply chain in as many months – according to a report on TopClassActions.com. Continue reading

FCRA Class Action Lawsuit Filed Against Pizza Hut

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Pizza Hut alleges that the company violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and conspicuous disclosure” about a background check for employment purposes be made in writing “in a document that consists solely of the disclosure.” The copy of this class action lawsuit is available at http://www.esrcheck.com/file/AlbertoRivera_PizzaHut.pdf. Continue reading

Class Action Lawsuit Filed Over Background Checks

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Michaels Stores Inc. alleges the craft supply retailer “neglected to properly inform job applicants that the company regularly performed background checks on potential employees during the application process” in violation of state and federal consumer protection laws, according to a report from TopClassActions.com. The full story is at http://topclassactions.com/lawsuit-settlements/lawsuit-news/45583-michaels-hit-background-check-class-action-lawsuit/. Continue reading

Paramount Class Action Lawsuit Alleges FCRA Violations

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit claims Paramount Pictures Corporation improperly performed consumer reports for employment purposes in alleged violation of federal Fair Credit Reporting Act (FCRA), according to TopClassActions.com. The FCRA regulates the collection, dissemination, and use of consumer information including credit reports. The full story is available at http://topclassactions.com/lawsuit-settlements/lawsuit-news/47331-lawsuit-paramount-illegally-obtains-applicants-credit-reports/. Continue reading

FTC and CFPB Interpret FCRA Reporting for Non-Conviction Records

Blogs about FCRA

Written By ESR News Blog Editor Thomas Ahearn

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have filed a joint amicus brief advocating for the seven-year reporting period for non-conviction records found in the federal Fair Credit reporting Act (FCRA) to begin on date of the charge or filing and not on the date of the last action in the case. To view the entire amicus brief jointly filed by the FTC and the CFPB, click here. Continue reading

Whole Foods Faces Background Check Class Action Lawsuit

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed in a Florida federal court alleges that grocery store chain Whole Foods Market Group, Inc. performed illegal background checks on prospective and existing employees in violation of the federal Fair Credit Reporting Act (FCRA), according to an article on TopClassActions.com. (UPDATE: A Motion to Dismiss the lawsuit was denied on March 30, 2015. Click here for ruling.) Continue reading

FCRA Class Action Lawsuits will Continue to Increase Even if No One is Actually Harmed in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Class action lawsuits for federal Fair Credit Reporting Act (FCRA) violations will increase in 2015 even if no one is actually harmed. In 2014, an increasing number of FCRA class action lawsuits were filed and were settled for millions of dollars and several more lawsuits were filed. FCRA violations can range from not making legally required disclosures to not following proper “adverse action” procedures. This trend is number 2 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading