Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
Bills have recently been introduced in a number of states that would prohibit prospective employers from inquiring about an applicant’s salary history. These bills are aimed at preventing wage discrimination among workers that perform similar or identical job functions.
These bills follow on the heels of approved legislation in Massachusetts. Massachusetts Senate Bill 2119, …
On August 19, the United States District Court for the District of Nevada dismissed a putative Fair Credit Reporting Act class action against two taxi companies that had allegedly violated the Fair and Accurate Credit Transactions Act by including the first digit and last four digits of consumers’ credit card numbers …
We are pleased to announce that Troutman Sanders partner Cindy Hanson will be a featured speaker at the Class Actions seminar, offered by the Institute of Continuing Legal Education in Georgia, on Friday, September 2.
Cindy will speak on a panel entitled “Offers of Judgment and Mootness after Campell-Ewald,” where she will discuss …
The United States District Court for the Northern District of California entered an order on August 9, approving a $2.4 million settlement between Social Finance Inc. (“SoFi”) and a class of nearly 11,000 consumers for alleged violations of the Fair Credit Reporting Act.
In Heaton v. Social Finance Inc., the named plaintiffs alleged that …
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 …
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority (“SEPTA”). SEPTA allegedly extended each of the plaintiffs a conditional offer of employment, which was contingent upon a background check. In each instance, the plaintiffs disclosed the existence of a drug conviction to …
On May 16, the Supreme Court in Spokeo, Inc. v. Robins found that the Ninth Circuit had not adequately addressed whether the named plaintiff had sufficiently alleged a “concrete” injury in connection with his putative FCRA class action against Spokeo, Inc. In Spokeo, the plaintiff (Robins) sued the “people search engine” for alleged violations of …
After the Supreme Court vacated and remanded the Ninth Circuit’s decision in Spokeo, Inc. v. Robins, the parties again appeared before the lower court, arguing over whether a purely technical violation of the Fair Credit Reporting Act is sufficient to satisfy the concreteness requirement for Article III standing.
As we previously reported, on …
Earlier this month, the Mayor of Philadelphia signed legislation regulating the use of credit checks in employment decisions. By enacting this legislation, Philadelphia joins a growing cast of cities and states throughout the country prohibiting employment credit checks in certain instances. When coupled with recent federal Equal Employment Opportunity Commission enforcement actions against employers based…
A new putative class action against Petco Animal Supplies Inc. was filed in the U.S. District Court for the Southern District of California. The complaint challenges Petco’s form of disclosure for employment background checks.
“By embedding its purported disclosure in an employment application and including extraneous information within and around the disclosure, defendant disregarded …
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