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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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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