Countering a nationwide trend of “ban the box” ordinances that prohibit employers from asking about an individual’s criminal history at the initial application stage, Indiana has become the first state to ensure through legislation that employers can inquire into applicants’ criminal histories. The legislation prohibits localities from implementing “ban the box” ordinances. The measure has
Courier Service Settles Lawsuit Challenging Background Check Disclosure Form and Notices
The recent matter of Nesbitt, et al. v. Postmates Inc., Case No. CGC15547146 in the Superior Court of the State of California, County of San Francisco, demonstrates the continuing trend of litigation regarding the content of background disclosure forms, as well as ongoing issues regarding the failure of employers to provide notice of adverse
Seventh Circuit Holds That Debt Collector Cannot Avoid Liability Under FDCPA Despite Strict Compliance With Controlling Precedent
In a surprising decision involving a vigorous and scathing dissent, the Seventh Circuit ruled that a debt collector was liable under the Fair Debt Collection Practices Act even when it followed the law that was in effect at the time the alleged violation took place. This alarming ruling raises an
Illinois Federal Court Refuses to Certify TCPA Robocall Class Action Based in Part on Article III Standing
On August 15, the United States District Court for the Northern District of Illinois denied a motion for class certification in Legg v. PTZ Insurance Agency, Ltd., a putative class action under the Telephone Consumer Protection Act. The plaintiffs in the lawsuit, Christopher Legg and Page Lozano, sued PTZ and affiliated companies alleging violations
Spokeo Update: Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing
On August 15, 2017, the Ninth Circuit issued its decision on remand in Spokeo, reversing and remanding the case to the District Court after finding that the named Plaintiff, Thomas Robins, has standing to pursue his claims.
Background
In Spokeo, Inc. v. Robins, Plaintiff Robins sued the “people search engine” for alleged violations
Barclays Hit with Putative Class Action Over Background Checks
On August 4, the Brooklyn Events Center, LLC d/b/a Barclays Center, Levy Premium Foodservice Limited Partnership, and Professional Sports Catering LLC were hit with a putative class action alleging that the businesses use discriminatory criminal history screening policies to deny employment to qualified job applicants.
According to the complaint, the named plaintiff, Felipe
Northern District of Illinois Rules for Debt Collector on Challenge to 1099-C Language
On August 9, the Northern District of Illinois granted summary judgment to a debt collector who included 1099-C language in its collection letter. The Court held the language was not false or deceptive, and that no reasonable person could read the language otherwise.
In Moses v. LTD Financial Services I, Inc., et al., plaintiff
Ninth Circuit Upholds $430,000 Jury Verdict in FCRA Case Against Auto Finance Company
The Ninth Circuit upheld a $430,000 jury verdict on a Fair Credit Reporting Act claim related to an auto finance company’s alleged failure to investigate an identity theft claim. The plaintiff, Seungtae Kim, alleged that he suffered damage to his credit and emotional distress as a result of the company’s failure to adequately investigate his
Join Us for a Webinar on August 24 – A Review of Recent FCRA Trends and Developments
Join Troutman Sanders attorneys David N. Anthony, Cindy D. Hanson and Meagan A. Mihalko for a timely discussion of recent case studies and case law developments affecting the credit reporting and background screening industry. The discussion will include an update on the effects of Spokeo, as well as an overview of other recent
Oregon District Court Enters Summary Judgment for Collector in Current Account Balance Case
On August 2, a Federal Court in Oregon entered summary judgment in favor of a collection agency, ruling that a debt collector must disclose to the consumer that interest accrues on an account only when such interest actually does accrue.
In Powers v. Capital Management Services, LP, plaintiff Diane Powers incurred a debt for