Court Skeptical Outside Investigation into Employee Misconduct Constitutes Consumer Report Under FCRA

Written By ESR News Blog Editor Thomas Ahearn On October 31, 2018, the Seventh Circuit Court of Appeals decision in the case of Rivera v Allstate Insurance involved a novel question about whether or not an investigation by a third party into employee misconduct could be considered a “consumer report” under the federal Fair Credit Reporting Act (FCRA).

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Consumer Reporting Agency Reaches $3.3 Million Settlement in Lawsuit Over Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn A $3.3 million settlement has been reached in a class action lawsuit that claimed a Consumer Reporting Agency (CRA) allegedly violated the federal Fair Credit Reporting Act (FCRA) when providing background check reports on job applicants for employment purposes, according to a report from Top Class Actions.

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Court Rules in Criminal Background Check Case that States are Immune from Lawsuits Under FCRA

Written By ESR News Blog Editor Thomas Ahearn On October 11, 2018, a ruling in the case of Pendergrass v. Washington Metropolitan Area Transit Authority (WMATA) where the Plaintiff claimed WMATA’s criminal background check policy was discriminatory found that states are immune from lawsuits under the Fair Credit Reporting Act (FCRA).

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Tenant Screening Company to Pay $3 Million to Settle FTC Charges of Failing to Meet FCRA Accuracy Requirements

Written By ESR News Blog Editor Thomas Ahearn On October 16, 2018, the Federal Trade Commission (FTC) announced that a tenant screening company in Texas agreed to pay $3 million to settle charges of failing to take reasonable steps to ensure the accuracy of information provided to landlords and property managers that caused renters to …

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CFPB Issues Updated FCRA Model Disclosures

Written By ESR News Blog Editor Thomas Ahearn On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) – also known as the Bureau of Consumer Financial Protection (BCFP) and the United States government agency responsible for consumer protection in the financial sector – issued an interim final rule updating two model disclosures to reflect …

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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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Frito-Lay Agrees to Pay $2.4 Million to Settle Class Action Lawsuit Claiming Improper Background Checks

Written By ESR News Blog Editor Thomas Ahearn On April 12, 2018, Frito-Lay Inc. – a subsidiary of PepsiCo – agreed to pay $2.4 million to settle a class action lawsuit that claimed the snack food manufacturer violated the federal Fair Credit Reporting Act (FCRA) , the Investigative Consumer Reporting Agencies Act (ICRAA), and the …

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