Written By ESR News Blog Editor Thomas Ahearn On October 14, 2021, the Consumer Financial Protection Bureau CFPB), Federal Trade Commission (FTC), and North Carolina Department of Justice filed an amicus brief with the U.S. 4th Circuit Court of Appeals to overturn a district court decision in a case involving the Fair Credit Reporting Act…
Written By ESR News Blog Editor Thomas Ahearn In August of 2021, the United States District Court for the District of Oregon ruled in the case of Walker v. Fred Meyer, Inc. that alleged violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes and held that the defendant’s…
Written By ESR News Blog Editor Thomas Ahearn On September 13, 2021, the United States Court of Appeals for the Sixth Circuit reversed a district court’s ruling for the defendant in a lawsuit filed for alleged violations of the federal Fair Credit Reporting Act (FCRA) and held that a “reasonable jury” could find the defendant…
Written By ESR News Blog Editor Thomas Ahearn In a sign that courts may begin to apply the Supreme Court of the United States (SCOTUS) ruling in the case of TransUnion LLC v. Ramirez to federal statutes beyond the Fair Credit Reporting Act (FCRA), the decision by SCOTUS on Article III standing in TransUnion was…
Written By ESR News Blog Editor Thomas Ahearn On August 13, 2021, the United States District Court, Middle District of Florida certified an “Adverse Action Class” in the class action lawsuit LYTTLE v. TRULIEVE, INC. that claimed a cannabis company took adverse action against employees and applicants based on background checks in a way that…
Written By ESR News Blog Editor Thomas Ahearn On August 27, 2021, a complaint was filed in the Eastern District of New York against Uber and Lyft – two popular transportation network companies (TNCs) – as well as a Consumer Reporting Agency (CRA) used by both TNCs for alleged violations of the federal Fair Credit…
Written By ESR News Blog Editor Thomas Ahearn Attorney Lester Rosen, founder and chief executive officer (CEO) of leading global background check provider Employment Screening Resources® (ESR), has written an article about “Things You Should Know About Background Checks” that was originally printed in the July/August 2021 edition of Today’s General Counsel. “If you are…
Written By ESR News Blog Editor Thomas Ahearn On June 25, 2021, the Supreme Court of the United States (SCOTUS) ruled in the case of TransUnion LLC v. Ramirez that a plaintiff must suffer a “concrete harm” resulting from a defendant’s statutory violation of federal law such as the Fair Credit Reporting Act (FCRA) to…
Written By ESR News Blog Editor Thomas Ahearn In May 2021, a federal court found the “emotional harm” suffered by the Plaintiff in MAGRUDER v. CAPITAL ONE, NAT’L ASS’N due to inaccurate information on his credit report was “barely enough” to establish standing under Article III of the U.S. Constitution in a lawsuit claiming violations…
Written By ESR News Blog Editor Thomas Ahearn In April 2021, the U.S. Court of Appeals for the Second Circuit affirmed a trial court’s judgment in favor of a Consumer Reporting Agency (CRA) in the case of SHIMON v. EQUIFAX INFORMATION SERVICES LLC that claimed the Defendant CRA violated several provisions of the federal Fair…
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