On March 27, the Office of Administrative Law for the State of California announced new regulations that even further limit employers’ ability to consider a job applicant’s criminal history when making hiring decisions.
Except if otherwise permitted by law, employers are prohibited from taking into consideration during the hiring process a number of enumerated offenses,
Lawsuits under the Fair Credit Reporting Act resulting from allegedly inaccurate background checks do not appear to be going away. Just last week, plaintiff Michelle Petry filed a class action against IDE Management d/b/a Cathedral Health Care Centers, in the Southern District of Indiana, claiming that she was denied a job as a
On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a “debt collector” under the Fair Debt Collection Practices Act. The Supreme Court’s decision will resolve an existing Circuit split on whether an entity that purchases defaulted debts and then attempts
The North Carolina House of Representatives recently voted 98-14 to “ban the box” for state agency hiring. The bill would not apply to private employers or to state positions that “involve direct interaction with minors or the elderly.”
House Bill 409 would prevent state agencies from inquiring into an employment applicant’s criminal history at
On April 17, the Eastern District of Virginia dismissed sua sponte a suit against a collection agency alleging that the debt collector failed to properly update the plaintiff consumer’s credit report, thereby violating the Fair Debt Collection Practices Act. Relying on the U.S. Supreme Court’s decision in
The United States Supreme Court recently heard oral argument in the case of Microsoft Corp. v. Baker, where the Court is set to determine whether a plaintiff can tactically circumvent Rule 23(f) of the Federal Rules of Civil Procedure.
Rule 23(f) provides for an interlocutory appeal of a district court’s denial of class
The Consumer Financial Protection Bureau is continuing its pursuit of third–party collection law firms it believes misrepresent to consumers the level of attorney involvement in their collection practices.
On April 17, the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis Co., L.P.A., for allegedly misrepresenting in millions
The United States District Court for the District of New Jersey recently dismissed a putative Fair Debt Collection Practices Act class action against defendant debt collector, Retrieval-Masters Creditors Bureau, Inc. (“RMCB”), over allegedly violative letters dealing with unpaid E-ZPass tolls. A copy of the opinion can be found here.
As background, plaintiff Thomas E.
The Ninth Circuit recently reversed a lower court’s dismissal of a Telephone Consumer Protection Act (TCPA) putative class action against Adir International, LLC (“Adir”), holding that Plaintiff Ned Flores (“Flores”) sufficiently alleged that Adir used an automatic telephone dialing system (“ATDS”) to send text messages to Flores.
According to the First Amended Complaint, Adir is
On March 23, the United States District Court for the Southern District of Florida granted preliminary approval of a nearly $31 million Fair and Accurate Credit Transactions Act (“FACTA”) class action settlement against Doctor’s Associates, Inc., doing business as Subway – the largest settlement to date in the history of FACTA.
According to the c