Written By Thomas Ahearn A 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 …Continue reading "Background Check Forms Under Increased Scrutiny"
Written By Thomas Ahearn The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have released a joint publication titled ‘Background Checks: What Employers Need to Know’ to explain how compliance with the Fair Credit Reporting Act (FCRA) and anti-discrimination laws intersect when employers use employment background checks. The publication is available …Continue reading "EEOC and FTC Offer Tips for Employment Background Checks"
Written By Thomas Ahearn The Federal Trade Commission (FTC) has announced that identity theft has topped the list of national consumer complaints once again for 2013 and that U.S. consumers reported losing more than $1.6 billion to fraud overall. The FTC’s Consumer Sentinel Network (CSN) Data Book 2013 found that 290,056 of the more than …Continue reading "Identity Theft Tops Federal Trade Commission List of Consumer Complaints"
The San Francisco, CA-based Ninth Circuit U.S. Court of Appeals has ruled an unemployed job seeker may sue a data aggregator that inaccurately described him as wealthy and well educated by alleging a violation of the federal Fair Credit Reporting Act (FCRA) “without showing actual harm.” The opinion of the court is available at http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/04/11-56843.pdf.Continue reading "Court Rules Job Seeker May Sue Data Aggregator for Inaccurate Information"
A Navy veteran who served three tours in Iraq was mistakenly identified as a felon after undergoing a background check to lease an apartment, according to a ‘Bamboozled’ post available on NJ.com at http://www.nj.com/business/index.ssf/2013/11/bamboozled_credit_reporting_fi.html.Continue reading "Credit Reporting Agency Mistakenly Identifies Veteran as Felon on Background Check Report"
The U.S. Equal Employment Opportunity Commission (EEOC), the agency enforcing federal laws prohibiting employment discrimination, and the Federal Trade Commission (FTC), an agency that promotes consumer protection and fair business practices, are among the many federal agencies related to the workplace that are closed during the government shutdown that began October 1, 2013. The EEOC …Continue reading "EEOC and FTC Among Many Federal Agencies Closed During Government Shutdown"
The National Association of Professional Background Screeners (NAPBS®) applauds an NBC Today Show report by National Investigative Correspondent Jeff Rossen for emphasizing “the critically important role background screening plays in today’s business environment,” according to a press release from the NAPBS available at http://www.businesswire.com/news/topix/20130820006390/en.Continue reading "NAPBS Applauds NBC Today Show Report for Recognizing Importance of Employee Background Checks"
One of the nation’s largest check authorization service companies has agreed to pay $3.5 million to settle Federal Trade Commission (FTC) charges that it allegedly violated the Fair Credit Reporting Act (FCRA). Although the company is not a firm providing employment background checks, it did provide services under the FCRA and is subject to many …Continue reading "FTC Settlement for 3.5 Million Dollars with Check Services Company Demonstrates Importance of Following FCRA"
The Federal Trade Commission (FTC) has sent letters to ten data broker companies to warn them that their practices could violate the Fair Credit Reporting Act (FCRA). The letters were issued as part of a global privacy protection effort after a test-shopping operation by the FTC indicated the ten companies were willing to sell consumer …Continue reading "Federal Trade Commission Warns Data Brokers about Possible Fair Credit Reporting Act Violations"
The Federal Trade Commission (FTC) has approved a final order settling charges that Filiquarian Publishing LLC, Choice Level LLC, and their CEO operated as a consumer reporting agency (CRA) that provided criminal background check reports to be used for employment decisions without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA). A …Continue reading "FTC Approves Final Order Settling Charges against Criminal Background Check Report Marketers"