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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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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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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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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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 …

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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 …

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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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