A federal district court in the Northern District of California recently dismissed a lawsuit filed against Paramount Pictures Corporation challenging its alleged failure to provide job applicants with a background check disclosure form that “consisted solely of the disclosure,” as required by the Fair Credit Reporting Act (“FCRA”). Specifically, in addition to making the disclosure
The Office of the Solicitor General Urges the Supreme Court to Reject Spokeo Appeal Challenging “Statutory Damages” Standing Under Article III
Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.
The Solicitor General said Spokeo’s petition for a writ of
Eleventh Circuit Adds to Split of Authority Regarding Whether Unaccepted Rule 68 Offer of Judgment Moots Putative Class Claims
On December 2, 2014, in Stein v. Buccaneers Ltd. P’ship, No. 13-15417, — F.3d –, 2014 WL 6734819 (11th Cir. 2014), the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not
District Court Denies Summary Judgment on Issue of Release Language in Background Check Disclosure
On March 11, 2015, a district court in the Eastern District of Virginia denied an employer’s motion for summary judgment in a Fair Credit Reporting Act case dealing with the inclusion of release language in a background check disclosure. Employers should review this decision carefully as the case law on this issue develops further.
In
Food Lion Parent Company Settles Multi-Million Dollar FCRA Background Screening Class Action
On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another Fair Credit Reporting Act class action settlement. Employers should treat this settlement as another reminder to verify their compliance with the FCRA.
According to the parties’ settlement paperwork, the Brown
Court Rejects Proposed Class Action Notice Plan Involving Untargeted Social Media Notification to Class Members
On March 5, a judge in the United States District Court for the Southern District of New York rejected a plaintiff’s proposal to notify proposed class members of a Fair Labor Standards Act lawsuit filed by a group of former interns against Gawker via various social media platforms, including Reddit and Tumblr pages, LinkedIn, and
Fourth Circuit Affirms Summary Judgment Against EEOC After Excluding Expert Report With “Mind Boggling” Number Of Errors
Use of criminal background checks requires compliance with the technical requirements of the Fair Credit Reporting Act and has spawned a large number of class actions and individual claims under the FCRA. However, use of background checks has also been under siege by the states and localities that have been enacting “ban the box” requirements
Class Action FCRA Lawsuit Challenging Defendant’s Employment Background Screening Disclosure Form Settles for $6.8 Million
In a class action settlement that was recently granted final approval, Publix Super Markets Inc. agreed to pay nearly $6.8 million in a class action lawsuit settlement over background checks under the Fair Credit Reporting Act.
Plaintiff, Erin Knights, applied for a job with Publix in early 2013 through an electronic kiosk. The lawsuit alleges
Uber Attempts to Stamp Out FCRA Background Check Class Action by Compelling Arbitration
On February 6, Uber filed a motion to compel individual arbitration of a class action lawsuit under the Fair Credit Reporting Act related to its alleged background check practices. If Uber is successful in compelling arbitration, it will provide another example of the value of arbitration agreements in the face of litigation.
In Mohamed v.
Health Care Services Provider Obtains Dismissal of FCRA Lawsuit Over Potential Consequences of Data Breach Due to Plaintiff’s Lack of Standing
On February 11, a federal court in Texas dismissed a putative Fair Credit Reporting Act class action filed by a former patient of health services provider St. Joseph Services Corp. who alleged that the defendant’s failure to guard against a personal data breach violated the FCRA. After reviewing the state of the law regarding standing