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 …Continue reading "Judge Dismisses FCRA Lawsuit Against Time Warner Citing Supreme Court Spokeo Ruling"
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 …Continue reading "Supreme Court Rules in Spokeo Case on Whether Consumers Must Prove Concrete Injury in Class Action Lawsuits"
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 …Continue reading "Supreme Court Hears Oral Arguments in Spokeo v. Robins"
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 …Continue reading "Class Action Lawsuit against Background Firm Alleging Fair Credit Reporting Act 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 …Continue reading "New Class Action Lawsuit against Major Financial Institution for FCRA Violations Demonstrates Importance of Legal Compliance"
In a case pitting individual privacy rights of citizens against national security concerns of a country, the U.S. Supreme Court unanimously overturned a ruling limiting government inquiries about contract workers at a National Aeronautics and Space Administration (NASA) laboratory and ruled the federal government can ask employees about their drug treatment, medical conditions, or other personal matters …Continue reading "Supreme Court Ruling in NASA Case Limits Privacy Rights of Workers in Employment Background Checks"
By Lester Rosen, ESR President & Thomas Ahearn, ESR News Blog A Law Blog on the Wall Street Journal (WSJ) website asks if there are limits to what the government can ask during background checks for employees of defense contractors and at what point – if any – does a government background check into the drug …Continue reading "U.S. Supreme Court Ponders Question Whether Employment Background Checks by Government Ever Too Invasive"