The New York Department of State’s Division of Consumer Protection recently implemented an “Identity Theft Prevention and Mitigation Program” and adopted emergency regulations, effective immediately. According to the Division, the program is intended to “(1) inform consumers about how to protect their personal identifying information; (2) help consumers prevent identity theft, including taking steps to
Spokane City Council Approves “Ban the Box” Law
On November 27, the City Council for Spokane, Washington made that city the newest locality to approve a “ban the box” ordinance, which would prohibit employers from requesting criminal or arrest records to make decisions on employment until after an in-person interview. The vote passed 5-2. The mayor of Spokane has until December 14, 2017
Third Circuit Hears Spokeo-Related Challenge
In Long v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit is set to rule on a challenge to the named plaintiffs’ lack of Article III standing in a Fair Credit Reporting Act putative class action.
As we previously reported, in Long the named plaintiffs alleged that SEPTA violated the FCRA by failing to
Ohio Appellate Court Dismisses FCRA Class Claim for Lack of Article III Standing, Citing Spokeo
On December 5, a Court of Appeals for the state of Ohio affirmed dismissal of a putative FCRA class claim against Ohio State University on the basis that the plaintiffs lacked standing to assert their no-injury, statutory claim in Ohio state court. The state appellate court declined to adopt a “statutory standing” doctrine in Ohio
Military Contractor Hit with FCRA Putative Class Action Over Background Checks
L3 Technologies, Inc., a military contractor, was recently hit with a Fair Credit Reporting Act putative class action in California federal court, alleging that it violated the “stand-alone” disclosure requirement in its background reports.
According to the complaint, plaintiff Joseph Estes was hired by L3 and worked as a mechanic for the company in California.
District Court Rejects Argument that Background Check Disclosure is Not “Standalone” Document
The Fair Credit Reporting Act regulates more than credit. It includes provisions that govern employers who obtain consumer reports on applicants in connection with the application process. One such provision deals with the disclosure that an employer must provide to an applicant before obtaining a background check. According to the FCRA, the employer must provide
State Court Among First to Dismiss FCRA Claim for Lack of Injury-in-Fact
In Miles v. The Company Store, consumer Timothy Miles brought a claim in state court against retailer The Company Store for alleged violations of the federal Fair Credit Reporting Act. Specifically, Miles claimed that The Company Store violated 15 U.S.C. § 1681c for printing too many digits of his credit card number on his
Avis Settles FCRA Background Check Lawsuit for $2.7 Million
On November 17, car rental company Avis filed its memorandum in support of final approval of a $2.7 million class action settlement to resolve Fair Credit Reporting Act claims related to its background screening practices. The case is Angela Fuller v. Avis Budget Car Rental LLC, et al., No. 2:15-cv-03856, pending in the U.S.
Federal Court Finds 29 Calls in 24 Days Sufficient to State FDCPA Claim
A federal district court in Connecticut recently ruled that a debt collector’s 29 telephone calls to a debtor’s home telephone over a period of 24 days was sufficient to establish a claim under the Fair Debt Collection Practices Act. In denying in part the defendant debt collector’s motion for judgment on the pleadings, Judge Jeffrey
Supreme Court Declines to Hear Appeal of Ninth Circuit Decision on FCRA Willfulness in Disclosure Forms
One of 2017’s more significant Fair Credit Reporting Act court opinions was the Ninth Circuit’s January 20 decision in Syed v. M-I, LLC, a putative FCRA class action. In its decision, the Ninth Circuit Court of Appeals held that a prospective employer willfully violated the FCRA by including a liability waiver in its background