Meagan Mihalko

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In a case with important positive implications for banks conducting federally-required background checks on job applicants and employees, in Amanda Mix v. JPMorgan Chase, No. 2:15-cv-01102-JJT, the United States District Court for the District of Arizona granted JPMorgan Chase’s summary judgment motion on Plaintiff’s background screening class action. Plaintiff claimed that Chase violated the Fair…

Lyft Inc. avoided a putative background screening class action over alleged privacy violations on Spokeo grounds last week.

In the putative class action, the plaintiff driver alleged that Lyft failed to comply with the Fair Credit Reporting Act when it included “extraneous information” in its FCRA disclosure.  In addition, the plaintiff claimed that Lyft failed …

The Consumer Financial Protection Bureau has continued to address FCRA-related compliance issues in its most recent Supervisory Highlights publications from March and June 2016.  The Supervisory Highlights once again reiterate the importance of FCRA compliance for a broad spectrum of FCRA-regulated entities, including mortgage originators, furnishers of consumer information, and nationwide specialty consumer reporting agencies …

Earlier this month, a federal court in the Northern District of Illinois granted a motion to dismiss a claim under 15 U.S.C. § 1681e(b), finding that a credit score purchased by the plaintiff was not a consumer report under the Fair Credit Reporting Act because it was not disclosed to any third …

Earlier this month, Sprint settled, on an individual basis, a proposed FCRA class action accusing the telecommunications provider of asking consumers to waive privacy rights in its consumer disclosure forms.

Specifically, the plaintiff claimed that the disclosure form Sprint used was not in a document that “consists solely of the disclosure” as required under 15…

On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background reports in violation of the Fair Credit Reporting Act.  In certifying the class, the Court found that the alleged harm was sufficient under the U.S. Supreme …

On July 13, the FTC filed a proposed settlement agreement in the United States District Court for the Southern District of Florida between a group of lead generators and the FTC and the Office of the Florida Attorney General.  The named lead generators included PC Cleaner, Inc.; Netcom3 Global, Inc.; Netcom 3, Inc., …

The Sixth Circuit recently affirmed a district court’s decision that the Fair Credit Reporting Act’s statute of limitations commences upon the discovery of facts giving rise to a violation in Rocheleau v. Elder Living Construction, LLC.    

In the underlying suit, Plaintiff Richard Rocheleau alleged that Defendants Elder Living Construction, LLC and First Advantage LSN …

A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal.  The suit was…

A federal judge in the Southern District of New York halted another Fair Credit Reporting Act class action case in light of the Supreme Court’s upcoming ruling in Spokeo v. Robins.  In Ernst v. DISH Network, U.S. District Judge Lorna G. Schofield stayed a class action case brought by Dish Network LLC contract technicians alleging…