Tag Archives: Federal Trade Commission

Allegation of Failure to Update FCRA Compliance Forms by National Retailer Leads to 3 Million Dollar Settlement

A large national retailer has settled an employment class action lawsuit for $3 million that alleged the company violated the federal Fair Credit Reporting Act (FCRA) by failing to send proper notices to nearly 65,000 plaintiffs who were job applicants. More detailed information about the settlement reached in Pitt v. KMart Corp., Case No. 11-cv-00697 is available at: http://www.archive.org/download/gov.uscourts.vaed.272989/gov.uscourts.vaed.272989.56.0.pdf. Continue reading

Mobile Apps Marketers Offering Criminal Background Checks To Settle FTC Charges for Violating Fair Credit Reporting Act

In resolving the first Fair Credit Reporting Act (FCRA) case involving mobile “apps,” marketers of mobile applications that compiled and sold criminal record background check reports as job applicant screening tools have agreed to settle Federal Trade Commission (FTC) charges that they operated as consumer reporting agencies (CRAs) without taking consumer protection measures required by the FCRA.  The FTC’s settlement order, which prohibits the companies involved from future FCRA violations, is available at http://www.ftc.gov/os/caselist/1123195/130110filquarianagree.pdf. Continue reading

Top Ten Background Check Trends for 2013 Released by Employment Screening Resources

Nationwide accredited background check firm Employment Screening Resources (ESR) has released its Sixth Annual ‘ESR Top Ten Background Check Trends for 2013’ featuring emerging and influential trends in the background screening industry selected by ESR Founder and CEO Attorney Lester Rosen. For 2013, the focus on accuracy of background check report information and the greater scrutiny of the screening industry was chosen as the number one trend. The Sixth Annual ‘ESR Top Ten Background Check Trends for 2013’ is available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Top 20 Stories for Background Check Screening for 2012 from Employment Screening Resources

For the last day of the year, nationwide accredited background check provider Employment Screening Resources (ESR)http://www.esrcheck.com – has chosen the following ‘Top 20 Stories for Background Check Screening for 2012’ from the ESR News blog at http://www.esrcheck.com/wordpress/. Here are the top 20 stories for 2012 from ESR in order of the date posted: Continue reading

Federal Trade Commission to Study Collection and Use of Consumer Information by Data Brokers

In an effort to study privacy practices in the data broker industry, the Federal Trade Commission (FTC) has voted 5-0 to issue orders requiring nine data brokers – companies that collect, analyze, and sell personal information of consumers – to reveal how they gather and use data about consumers, according to an FTC news release available at http://www.ftc.gov/opa/2012/12/databrokers.shtm. Continue reading

Government Increases Action Against Consumer Reporting Agencies Using Background Checks in Violation of FCRA

The Federal Trade Commission (FTC) recently submitted written testimony to the U.S. Commission on Civil Rights summarizing the Fair Credit Reporting Act (FCRA) requirements that relate to the use of consumer reports in employment in protecting the rights of job applicants and employees under the FCRA, according to a news release available at http://www.ftc.gov/opa/2012/12/fcra.shtm.  The FTC testimony on the FCRA – which promotes the accuracy, fairness, and privacy of information from Consumer Reporting Agencies (CRAs) – is an example of the trend of the government increasing action against CRAs violating the law. This is Trend Number 9 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Statistical Analysis of Online Ads for Internet Data Broker Website Uncovers Possible Racial Profiling

A Harvard University professor who ran a statistical analysis of online ads used by an Internet data broker website that suggested certain names may have arrest records uncovered what she described as possible racial profiling when she found the company’s advertising “disproportionately” used the word “arrested” for black-identifying names even when a person had no arrest record, according to the Huffington Post. The story is available at http://www.huffingtonpost.com/2012/11/25/racial-profiling-online-ads_n_2186409.html. Continue reading

FTC Offers Child Identity Theft Prevention Tips for Parents to Protect Personal Information of Kids at School

Just in time for the beginning of a new school year, which usually requires parents to fill out paperwork such as registration forms and emergency contact information, the Federal Trade Commission (FTC) offers child identity theft prevention tips in the blog ‘Protecting Your Child’s Personal Information at School’ to let parents know that many school forms containing the personal and sensitive information of their children could be used to commit fraud in their child’s name if the information falls into the wrong hands. To read the blog, visit: https://www.consumer.ftc.gov/blog/protecting-your-childs-personal-information-school. Continue reading

FTC Fines Data Broker Spokeo 800000 Dollars to Settle Charges of Violating Fair Credit Reporting Act

In the first Federal Trade Commission (FTC) case to address the sale of Internet and social media data in the employment screening context, Spokeo, Inc. – a data broker that compiles and sells detailed information profiles on millions of consumers – has agreed to pay a $800,000 fine to settle FTC charges that the company marketed profiles to companies in the human resources, background screening, and recruiting industries without taking steps to protect consumers required under the Fair Credit Reporting Act (FCRA), according to a press release at http://www.ftc.gov/opa/2012/06/spokeo.shtm. Continue reading

Federal Trade Commission Issues Staff Report on Fair Credit Reporting Act Controlling Employment Background Checks

The Federal Trade Commission (FTC) has issued a staff report that compiles and updates the agency’s guidance on the Fair Credit Reporting Act (FCRA), the 1970 law designed to protect the privacy of credit report information and ensure that the information supplied by credit reporting agencies (CRAs) is as accurate as possible. The July 2011 report, “Forty Years of Experience with the Fair Credit Reporting Act: An FTC Staff Report and Summary of Interpretations,” provides a brief overview of the FTC’s role in enforcing and interpreting the FCRA, includes a section-by-section summary of the agency’s interpretations of the Act, and also withdraws the agency’s 1990 Commentary on the FCRA, which has become partially obsolete since it was issued 21 years ago. Continue reading