Tag Archives: Fair Credit Reporting Act (FCRA)

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

Background Check Lawsuit Claims FCRA Violations

Written By Thomas Ahearn

homepage-legalIn a class action suit alleging Fair Credit Reporting Act (FCRA) violations, a federal judge has ruled that Canon Business Solutions faces additional discovery into claims the company relied on criminal background checks without letting employees or job applicants dispute the findings, according a Courthouse News Service report available at http://www.courthousenews.com/2014/03/03/65785.htm. Continue reading

Employers Need Caution with Background Check Laws

Written By Thomas Ahearn

home-applicant-generated-report-systemTo help employers understand background check laws and regulations, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will present a live 60 minute audio conference for AudioSolutionz titled ‘Extreme Caution Advised: Dealing with Federal and State Laws Regulating Pre-Employment Screening and Safe Hiring’ on Friday, March 7, 2014 at 10:00 A.M Pacific. For more information, visit http://www.audiosolutionz.com/hr-compliance-employment/safe-hiring.html. Continue reading