Please join Troutman Sanders attorney’s David Anthony, Tim St. George, and Scott Kelly for the complimentary webinar, “2019 in Review: Key Developments for Background Screeners and Companies Subject to the FCRA” on March 4th from 3-4 pm ET.
Lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”), including background-check related litigation, have more than doubled in the last decade. That upward trend continued in 2019. While the volume has been remarkable, so too has been the impact of regulator activity and decisions from Courts of Appeal this year.
The Seventh Circuit upheld a broad meaning for “convictions,” while the Ninth Circuit narrowed the actions reportable in the FCRA’s seven-year clock. The Northern District of Georgia limited the FCRA’s applicability to independent contractors, holding that screening potential independent contractors does not prompt the protections for “employment purposes.”
Most notably, the Consumer Financial Protection Bureau (“CFPB”) published a report on background screening accuracy that could foreshadow increased enforcement actions in the future. These developments offer guidance on best practices for companies operating in the background screening arena nationwide.
Meanwhile, while the CFPB has decreased the number of high-profile enforcement actions or new regulations, they have been active behind the scenes in monitoring and enforcing credit reporting rules. Finally, the joint Federal Trade Commission/CFPB workshop held on December 10, 2019, illustrates that both agencies are focused on ensuring that credit reporting agencies and data furnishers maintain proper policies and procedures to ensure accurate reporting of consumer information.
Continuing Legal Education (CLE) credit for this program is currently pending in multiple jurisdictions. Processing by state bars requires up to 90 days to receive approval; for those licensed in California, Illinois, and/or New York, certificates will be distributed within 30 business days. If you have questions, please contact our Professional Development department at CLEManagement@troutman.com.