In Mowrer v. United States Department of Transportation, the U.S. Court of Appeals for the District of Columbia held that government immunity is waived under the FCRA, but also found that the Federal Motor Carrier Safety Administration (FMCSA) does not act as a consumer reporting agency (CRA) in distributing safety records of commercial truck
A U.S. district judge in Illinois recently denied a motion to dismiss in a class action involving an alleged violation of the Illinois’ Right of Publicity Act (IRPA). The court determined that the defendant’s arguments were more suitable for an affirmative defense and was unpersuaded by any of the arguments.
In Krause v. RocketReach LLC
After the District Court for the District of Oregon dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc., the Ninth Circuit Court of Appeals partially reversed, holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights
August 26, 2021
3:30 – 4:30 p.m. ET
In the past year, the tenant screening industry has received renewed focus from both plaintiffs’ counsel and government regulators. This focus has taken the form of multiple class action lawsuits, slews of individual cases, and regulatory guidance and enforcement. This webinar will explore some of the recent
A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000 job applicants who signed a standard form as part of their application, which included both a consumer report disclosure and a
The Supreme Court of Arkansas ruled in favor of the Professional Background Screening Association (“PBSA”) against the Clerk of the Court of Benton County, Arkansas, Bentonville Division, holding that background screeners’ record requests are not requests for compiled information for purposes of Arkansas Supreme Court Administrative Order Number 19 (“Order 19”), and therefore not subject
The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.” This development is a welcomed opportunity for clarity in
In 2011 and 2013, Peri Domante’s personal information was stolen and fraudulently used to open two accounts with Dish Networks, LLC (“Dish”), a provider of television services. After being alerted to the fraud, Domante sued Dish for violation of the Fair Credit Reporting Act (“FCRA”). The parties settled the lawsuit. As part of the agreement,
On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a copy of the background report and the statute’s procedurally-required summary of rights. In Davis v. C&D Sec.
Wednesday, June 24, 2020
3 p.m. ET
On October 3, 2019, the CFPB published a report, entitled Market Snapshot: Background Screening Reports. The report highlights the increased demand for background screenings by employers as well as consumer challenges that may arise from their use given the vast array of data sources and consumer reporting agencies.