Court Sets Standard to Define a Consumer Reporting Agency Under the FCRA

Written By ESR News Blog Editor Thomas Ahearn On May 30, 2019, the United States Court of Appeals for the Second Circuit issued a decision in the case of Kidd v. Thomson Reuters Corporation that affirmed the ruling by the U.S. District Court for the Southern District of New York that the defendant Thomson Reuters …

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Seven-Year Measuring Period for Criminal Charges Under FCRA Runs from Date of Entry Not Disposition

Written By ESR News Editor Thomas Ahearn On May 14, 2019, the United States Court of Appeals for the Ninth Circuit ruled in a lawsuit filed by a consumer against a consumer reporting agency (CRA) that the seven-year measuring period for criminal charges under the federal Fair Credit Reporting Act (FCRA) rule that prohibits CRAs …

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California Court of Appeal Sides with Employer in FCRA Lawsuit Months after Siding with Applicant in Similar Case

Written By ESR News Blog Editor Thomas Ahearn On April 15, 2019, the Court of Appeal of California affirmed summary judgment for an employer in Culberson v. Walt Disney Parks and Resorts, a class action lawsuit alleging violations of the Fair Credit Reporting Act (FCRA), a federal law that regulates the use of background checks …

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Appeals Court Rules Definition of “Conviction” Under FCRA Should be Interpreted by Federal Law

Written By ESR News Blog Editor Thomas Ahearn On April 16, 2019, the U.S. Court of Appeals for the Seventh Circuit ruled in Aldaco v. RentGrow, Inc. that the definition of “conviction” under the federal Fair Credit Reporting Act (FCRA) should be interpreted by federal law and not by the law of the state where …

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Starbucks to Settle Combined Lawsuits Over Alleged FCRA Violations Related to Background Checks

Written By ESR News Blog Editor Thomas Ahearn Two pending class action lawsuits filed against Starbucks Corporation – one filed in Washington state in 2016 and the other filed in Georgia in 2017 – over alleged violations of the federal Fair Credit Reporting Act (FCRA) made during the background checks of job applicants will be …

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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).

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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 …

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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 …

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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 …

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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 …

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