Employers Need Background Screening Providers that are NAPBS Accredited and FCRA Compliant

Written By ESR News Blog Editor Thomas Ahearn Experts agree employers need background screening providers that are accredited by the National Association of Professional Background Screeners (NAPBS) and able to comply with the Fair Credit Reporting Act (FCRA), according to an article from the Society for Human Resource Management (SHRM). The NAPBS – a non-profit …

Continue reading "Employers Need Background Screening Providers that are NAPBS Accredited and FCRA Compliant"

FTC Publishes Inflation-Adjusted Civil Penalty Amount for FCRA Violations

  Written By ESR News Blog Editor Thomas Ahearn The Federal Trade Commission (FTC) – the agency that helps to protect American consumers – has adjusted the maximum civil penalty dollar amounts for violations of laws enforced by the FTC, including the federal Fair Credit Reporting Act (FCRA) that governs background checks in the United …

Continue reading "FTC Publishes Inflation-Adjusted Civil Penalty Amount for FCRA Violations"

FCRA Requirement to Investigate Dispute Does Not Satisfy FDCPA Requirement to Report Disputed Debt

Written By ESR News Blog Editor Thomas Ahearn On February 8, 2019, the U.S. District Court for the Northern District of Illinois Eastern Division ruled in Francisco v. Midland Funding LLC and Midland Credit Management, Inc. (MCM) that compliance with the federal Fair Credit Reporting Act (FCRA) requirement to investigate a dispute within 30 days …

Continue reading "FCRA Requirement to Investigate Dispute Does Not Satisfy FDCPA Requirement to Report Disputed Debt"

Court Rules FCRA Prohibits All Extraneous Information in Background Check Disclosure Forms

Written By ESR News Blog Editor Thomas Ahearn On January 29, 2019, the Ninth U.S. Circuit Court of Appeals issued an opinion in Gilberg v. California Check Cashing Stores that the federal Fair Credit Reporting Act (FCRA) prohibits any and all extraneous information in required FCRA background check disclosures, even information about rights under state …

Continue reading "Court Rules FCRA Prohibits All Extraneous Information in Background Check Disclosure Forms"

Report Finds FCRA Lawsuits Have Increased on Annual Basis Since 2011

Written By ESR News Blog Editor Thomas Ahearn Consumer complaints involving the federal Fair Credit Reporting Act (FCRA) reached 4,531 in 2018, and have risen in number every year since 2011, making the FCRA the only consumer statute that has continued to increase in lawsuits filed, according to the latest report from WebRecon CEO Jack …

Continue reading "Report Finds FCRA Lawsuits Have Increased on Annual Basis Since 2011"

Judge Certifies Class of Five Million Walmart Job Applicants to Pursue FCRA Class Action Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On January 17, 2019, a California federal judge certified a Class of approximately five million people who applied for a job at Walmart to pursue a class action lawsuit – Randy Pitre v. Wal-Mart Stores Inc. (Case No. 8:17-cv-01281-DOC-DFM) – that claims the retail giant added extraneous …

Continue reading "Judge Certifies Class of Five Million Walmart Job Applicants to Pursue FCRA Class Action Lawsuit"

Delta Air Lines to Pay $2.3 Million to Settle Background Check Lawsuit for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On January 3, 2019, Delta Air Lines agreed to pay $2.3 million to settle a class action lawsuit that claimed the major U.S. airline allegedly failed to provide job applicants with a “standalone” background check disclosure in violation of the federal Fair Credit Reporting Act (FCRA) and related California …

Continue reading "Delta Air Lines to Pay $2.3 Million to Settle Background Check Lawsuit for Alleged FCRA Violations"

CFPB Announces Ceiling on Charges for FCRA Disclosures Increased in 2019

Written By ESR News Blog Editor Thomas Ahearn On December 31, 2018, the Consumer Financial Protection Bureau (CFPB) – the agency responsible for consumer protection in the financial sector – announced the ceiling on allowable charges for disclosures under the federal Fair Credit Reporting Act (FCRA) had increased from $12.00 to $12.50, effective for 2019.

Continue reading "CFPB Announces Ceiling on Charges for FCRA Disclosures Increased in 2019"

FCRA Lawsuits Not Only Legal Compliance Concern for Employers Performing Background Checks in 2019

Written By ESR News Blog Editor Thomas Ahearn Class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) will not be the only compliance concern for employers performing background checks in an increasingly complex legal environment in 2019. This trend has been chosen by global background check provider Employment Screening Resources® (ESR) as second …

Continue reading "FCRA Lawsuits Not Only Legal Compliance Concern for Employers Performing Background Checks in 2019"

Social Media Screening Remains Hot Topic while CRAs Deal with EEOC and FCRA Concerns in 2019

Written By ESR News Blog Editor Thomas Ahearn Social media screening of applicants will remain a hot topic while consumer reporting agencies (CRAs) performing them deal with discrimination and accuracy concerns in 2019. This trend has been chosen by global background check provider Employment Screening Resources® (ESR) as ninth on the list of “ESR Top …

Continue reading "Social Media Screening Remains Hot Topic while CRAs Deal with EEOC and FCRA Concerns in 2019"