Dish Network recently moved to stay a Fair Credit Reporting Act case against it in the Southern District of New York, arguing that the Supreme Court’s ruling in Spokeo Inc. v. Robins could control the outcome of the case. Dish Network requested that the district court stay the class action brought by installation contractors who
Meagan Mihalko
Consumer Health Care Products Company and Staffing Agency Hit with FCRA Disclosure Class Action
A multinational consumer health care products company and its staffing agency are the latest companies to be hit with a putative class action accusing them of violating the Fair Credit Reporting Act. Plaintiff T. Jason Noye alleges that the company and staffing agency violated the FCRA by rescinding his job offer based on a criminal …
Dish Network Fights Class Certification After Background Check Company Settles Claims
After a settlement involving claims against Sterling Infosystems, Inc. received final approval, Dish Network, LLC (Dish) continued to fight class certification against satellite television installers who have accused Dish of violating the Fair Credit Reporting Act (FCRA) regarding its use of background checks.
One of the claims asserted against Dish is that it did not…
Background Check Company’s $4.75 Million Class Action Settlement Obtains Final Approval in SDNY
On November 13, a New York federal judge granted final approval to a $4.75 million settlement between background check company Sterling Infosystems, Inc. and a class of Dish Network, LLC satellite television installers.
The installers brought claims against Sterling for violations of the Fair Credit Reporting Act (“FCRA”) including that Sterling provided outdated information to…
National Restaurant Chain Hit with Background Screening Class Action
In another example of the continuing increase in background screening-related class actions, a national restaurant chain was on the receiving end of a class action lawsuit. In the nationwide class action, filed in the Central District of California, the plaintiff claims the restaurant violated the Fair Credit Reporting Act (FCRA) by failing to provide an …
ABA 2015 Legal Technology Survey: Security Breaches at Law Firms on the Rise
The American Bar Association released its 2015 Legal Technology Survey last week with one of the main takeaways being that companies and their law firm partners need closer cooperation to improve information security.
It is required by GLBA, PCI DSS (Payment Card Industry Data Security Standards), HIPAA, and most recognized security standards, namely that covered…
Avoid Becoming the Next Target of a Class Action Taking Aim at Employers’ Background Screening Forms
Last week, a Florida district court approved a class action settlement between Whole Foods Market Group Inc. and an employee class related to Whole Foods’ inclusion of a waiver and liability release in its Fair Credit Reporting Act (FCRA) disclosure form. This settlement, as well as other recent lawsuits and decisions, are reminders to employers …
Spokeo Continues to Garner Attention; Argument Set for November 2
Spokeo, Inc. v. Robins has continued to garner attention, both in terms of motions to stay the litigation in the pending case and with respect to amicus briefing by parties interested in the issues raised in this important case. On September 9, the Supreme Court set arguments for the case for November 2. As of …
NYC Commission on Human Rights Issues Enforcement Guidance on SCDEA
Earlier this month, the New York City Commission on Human Rights provided enforcement guidance on the Stop Credit Discrimination in Employment Act (SCDEA). The SCDEA took effect on September 3, 2015, and restricts employers from requesting or using applicants’ and employees’ credit history when making employment decisions. The Commission referred to SCDEA as …
California Federal Court Deals with Statute of Limitations for FCRA Claims in Background Screening Claims
In June, a former employee filed a class action complaint against Kohl’s Department Stores alleging violations of the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA) and Consumer Credit Reporting Agencies Act (CCRAA). Kohl’s filed a motion to dismiss, arguing that the claims were time-barred under the FCRA’s two-year …