Tag Archives: Supreme Court

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

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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 Fair Credit Reporting Act (FCRA) disclosure for a background check lacked standing under Article III of the U.S. Constitution. Continue reading

Judge Dismisses FCRA Lawsuit Involving Background Checks

FCRA-graphic

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.” Continue reading

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

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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 who cited a decision by the Supreme Court in the case of Spokeo, Inc. v Robins as a reason for the decision, according to an article on the Society for Human Resource Management (SHRM) website. Continue reading

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

FCRA-graphic

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 must show concrete injury when alleging FCRA violations. Continue reading

Judge Finds FCRA Lawsuit against Background Check Firm May Proceed Under Supreme Court Spokeo Ruling

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

In July of 2016, a federal judge in the Northern District of California certified a class of job applicants in a lawsuit claiming a background check firm violated the federal Fair Credit Reporting Act (FCRA) that may proceed under the “concreteness” test established by a U.S. Supreme Court ruling in the Spokeo case. Continue reading

Judge Dismisses FCRA Lawsuit Against Time Warner Citing Supreme Court Spokeo Ruling

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A Wisconsin federal judge has dismissed a class action lawsuit against Time Warner Cable, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) by finding the plaintiff could not show he suffered “concrete harm” from the background check process in a decision that cited a ruling in the case of Spokeo v. Robins by the Supreme Court of the United States. Continue reading

Supreme Court Rules in Spokeo Case on Whether Consumers Must Prove Concrete Injury in Class Action Lawsuits

 Supreme Court

BREAKING NEWS

Written By ESR News Blog Editor Thomas Ahearn

On Monday, May 16, 2016, the Supreme Court of the United States (SCOTUS) ruled in the case of Spokeo, Inc. v. Robins (Docket No. 13-1339) that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. The SCOTUS ruling sent the case back to the Ninth Circuit Court of Appeals stating its Article III standing analysis in a February 4, 2014 decision to reverse a dismissal of the case was incomplete because the Ninth Circuit “failed to consider both aspects of the Article III injury-in-fact requirement.” Continue reading

Supreme Court Hears Oral Arguments in Spokeo v. Robins

 Column

Written By ESR News Blog Editor Thomas Ahearn

On November 2, 2015, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Spokeo, Inc. v. Robins which could decide whether or not a plaintiff has the legal right, or “standing,” to bring a class action lawsuit for a technical violation of the Fair Credit Reporting Act (FCRA) if that individual suffered no actual concrete harm from the violation. Continue reading

Class Action Lawsuit against Background Firm Alleging Fair Credit Reporting Act Violations Demonstrates Importance of Legal Compliance

The importance of legal compliance and background checks was underscored in the filing of a class action lawsuit in the Los Angeles County Superior Court on November 1, 2013 against a Florida based background screening firm for violations of the federal Fair Credit Reporting Act (FCRA).  The lawsuit seeks statutory damages that can be $100 to $1,000 for every consumer that was the subject of a background check done using the forms and methods that were the subject of the complaint.  The lawsuit also request punitive damages. The law also provides for attorneys fees. The case is Los Angeles County Superior Court case BR 526352. Continue reading

New Class Action Lawsuit against Major Financial Institution for FCRA Violations Demonstrates Importance of Legal Compliance

A class action case filed against a large financial institution – one of the nation’s top 10 banks – shows once again that legal compliance is a critical part of any background screening program.  The lawsuit was filed on behalf of an employee alleging violations of the federal Fair Credit Reporting Act (FCRA). According to a press release from the Attorneys for the Plaintiff, the lawsuit alleges that the financial institution obtained background checks in violation of the FCRA and failed to provide required notices.  The Plaintiff seeks to represent a class of all of the financial institution’s employees and job applicants for the past three years. Continue reading