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
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claims against Sterling for violations of the Fair Credit Reporting Act (“FCRA”) including that Sterling provided outdated information to
On October 2, President Obama announced a new executive order that prevents federal agencies from making job-applicants reveal they have a criminal record as part of his overall criminal justice reform effort. This “ban the box” initiative would prevent federal agencies from asking about an applicant’s criminal history at the initial application stage.
“It is
On October 29, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced the settlement of an enforcement action against two affiliated consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) based on these companies’ employment background screening practices. The consent order requires these background screeners to pay a total of $13 million in penalties and
On October 22, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks to the Consumer Advisory Board. At the meeting, Cordray discussed arbitration and issues relating to non-English or limited English–speaking consumers.
The issue of arbitration, however, was at the forefront of the discussion. As we previously reported, the CFPB intends
Effective October 27, under the New York City Fair Chance Act, employers can inquire about a potential employee’s criminal record only after a conditional offer of employment is made. The Act further requires that employers provide a written copy of the inquiry, the employer’s analysis, and any supporting documentation to applicants once such a
On September 8, the United States Solicitor General requested leave from the U.S. Supreme Court to participate in oral argument in Spokeo, Inc. v. Robins, as amicus curiae. The Supreme Court granted the United States’ request and will now allow the U.S. to chime in on a threshold constitutional standing issue at oral argument.
On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act. In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA.
In her complaint, the plaintiff
On September 10, a bipartisan group of lawmakers in both houses of Congress introduced the Fair Chance Act (S. 2021/H.R. 3470). The Fair Chance Act was introduced by Sen. Cory Booker (D-N.J.) and Rep. Elijah Cummings (D-Md.). Co-sponsors of the bill are Senators Ron Johnson (R-Wi.), Tammy Baldwin (D-Wi), Sherrod Brown (D-Ohio), and Joni Ernst
According to remarks made by Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray on October 7, 2015 (and a subsequent press release), the CFPB is planning to issue regulations that would prohibit many financial services companies from requiring consumers to waive their right to bring a class action lawsuit via a pre-dispute arbitration agreement