Court Rules Background Check for Independent Contractor Does Not Trigger Protections for Employment Purposes under FCRA

Written By ESR News Blog Editor Thomas Ahearn              On August 9, 2019, a ruling in the United States District Court for the Northern District of Georgia found that a background check for independent contractors does not trigger the protections applicable for a background check for “employment purposes” under the federal Fair Credit Reporting Act (FCRA). …

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Consumer Litigation Involving FCRA Rose 15 Percent from Previous Month in July 2019

Written By ESR News Blog Editor Thomas Ahearn In July of 2019, consumer litigation involving the Fair Credit Reporting Act (FCRA) – a federal law that helps ensure the accuracy, fairness, and privacy of personal information – rose 15.4 percent from the previous month, with 510 cases compared to 442 cases, according to statistics from WebRecon …

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Employers Paid $174 Million Over Past Decade to Settle FCRA Lawsuits Involving Background Checks

Written By ESR News Blog Editor Thomas Ahearn              Employers have paid out $174 million over the past decade to settle class action lawsuits that claim they violated the federal Fair Credit Reporting Act (FCRA) that governs the use of background checks on job applicants, according to a blog examining a compilation of court records assembled …

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CFPB Settles with Bank for Violating FCRA by Obtaining Consumer Reports without Permissible Purpose

Written By ESR News Blog Editor Thomas Ahearn On December 6, 2018, the Consumer Financial Protection Bureau (CFPB) – the U.S. government agency responsible for consumer protection in the financial sector that may soon be called the Bureau of Consumer Financial Protection (BCFP) – announced a settlement with State Farm Bank for violating the Fair …

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Court Finds Employer Violated FCRA by Not Providing Applicant Copy of Report and Summary of Rights

Written By ESR News Blog Editor Thomas Ahearn On August 29, 2018, the United States Court of Appeals for the Seventh Circuit affirmed and reversed in part and remanded a case that claimed a potential employer violated the federal Fair Credit Reporting Act (FCRA) by withdrawing a job offer based upon information in a background …

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Class Action Lawsuit Claims McDonald’s Violated FCRA with Background Checks on Job Applicants

Written By ESR News Blog Editor Thomas Ahearn A class action lawsuit filed in a Florida court claims that fast food giant McDonald’s allegedly violated the federal Fair Credit Reporting Act (FCRA) when it conducted background checks on job applicants by failing to obtain proper authorization and disclosure in violation of the FCRA, according to a …

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PepsiCo Subsidiary Agrees to Pay $1.2 Million to Settle Class Action Lawsuit Claiming Violation of FCRA

Written By ESR News Blog Editor Thomas Ahearn A subsidiary of food and beverage giant PepsiCo has agreed to pay $1.2 million to settle a class action lawsuit that claimed the company violated the Fair Credit Reporting Act (FCRA) “by procuring background reports for employment purposes without making certain required disclosures,” Top Class Actions reports.

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Appeals Court Dismisses FCRA Case Against State Farm Citing Precedent in Supreme Court Spokeo Decision

Written By ESR News Blog Editor Thomas Ahearn On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of a lawsuit filed against State Farm for alleged violations of the Fair Credit Reporting Act (FCRA) by an applicant who claimed he was not allowed to review incorrect information on …

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U.S. Supreme Court Denies Petition to Review Case that May Impact Data Breach Lawsuits

Written By ESR News Blog Editor Thomas Ahearn On February 20, 2018, the Supreme Court of the United States denied a petition for a writ of certiorari to review the case of CareFirst Inc. v. Attias and possibly provide some clarification of the Court’s May 2016 ruling in the related case of Spokeo Inc. v. Robins to …

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