Judge Approves Proposed $1.3 Million Settlement for Alleged FCRA Violations with Background Checks

Written By ESR News Blog Editor Thomas Ahearn In August 2018, a California federal judge preliminarily approved a proposed $1.3 million class action lawsuit settlement against an American company working in the healthcare industry for alleged violations of the federal Fair Credit Reporting Act (FCRA) and state law caused by the company’s background check authorization …

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U.S. Supreme Court Denies Petition to Review Case that May Impact Data Breach Lawsuits

Written By ESR News Blog Editor Thomas Ahearn On February 20, 2018, the Supreme Court of the United States denied a petition for a writ of certiorari to review the case of CareFirst Inc. v. Attias and possibly provide some clarification of the Court’s May 2016 ruling in the related case of Spokeo Inc. v. Robins to …

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U.S. Supreme Court Denies Petition Seeking Review of Ruling in Spokeo Case Involving Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On January 22, 2018, the Supreme Court of the United States denied a petition for a writ of certiorari that sought a review of the Court’s ruling on May 16, 2016, in the case of Spokeo, Inc. v. Robins that found a mere “technical” violation of a federal …

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Judge Dismisses FCRA Class Action Lawsuit Against Rite Aid for Lack of Standing Under U.S. Constitution

Written By ESR News Blog Editor Thomas Ahearn In December of 2017, a federal Judge in Pennsylvania dismissed a class action lawsuit against Rite Aid Corporation claiming violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes for lack of standing under Article III of the United States Constitution.

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FCRA Class Action Lawsuits Will Continue to Target Employers Performing Background Checks in 2018

Written By ESR News Blog Editor Thomas Ahearn On May 16, 2016, the U.S. Supreme Court ruled in Spokeo, Inc. v. Robins that plaintiffs must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute such as the Fair Credit Reporting Act (FCRA). The fact that employers are still targeted in lawsuits …

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Appeals Court Rules FCRA Lawsuit Against Spokeo Establishes Sufficient Concrete Injury to Meet Article III Standing

Written By ESR News Blog Editor Thomas Ahearn On August 15, 2017, the Ninth U.S. Circuit Appeals Court ruled in the case of Robins v. Spokeo on remand from the Supreme Court of the United States that a man who claimed an online “people search engine” violated the federal Fair Credit Reporting Act (FCRA) by providing …

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Judge Dismisses FCRA Lawsuit Over Background Check Disclosure for Lack of Standing Under Article III

Written By ESR News Blog Editor Thomas Ahearn On June 15, 2017, a Judge in the Northern District of Texas issued a Memorandum Opinion and Order granting a dismissal for the defendants in a class action lawsuit, Dyson v. Sky Chefs, Inc., holding that the plaintiff who alleged the improper inclusion of “extraneous” information in a …

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Judge Dismisses FCRA Lawsuit Involving Background Checks

Written By ESR News Blog Editor Thomas Ahearn In March 2017, a federal judge in Minnesota dismissed a class action lawsuit where a woman claimed that her former employer and its related entities “willfully” violated the federal Fair Credit Reporting Act (FCRA) even though she said she did not suffer any “actual damages” but only “informational damages.”

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Employers Should Not Let Guard Down on FCRA Compliance in Wake of Supreme Court Spokeo Ruling

Written By ESR News Blog Editor Thomas Ahearn Employers should not “let their guard down about complying with background screening rules” such as the federal Fair Credit Reporting Act (FCRA) despite recent court rulings such as the dismissal of a proposed FCRA class action lawsuit against transportation network company Lyft, Inc. by a federal judge …

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Judge Dismisses FCRA Class Action Lawsuit Against Lyft Citing Supreme Court Spokeo Decision

Written By ESR News Blog Editor Thomas Ahearn A California federal court judge has dismissed a class action lawsuit filed against Lyft, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) during the transportation network company’s background check process citing the Supreme Court decision in Spokeo, Inc. v. Robbins that held plaintiffs …

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