In Tierney v. Advocate Health & Hosps. Corp. (No. 14-3168, 2015 U.S. App. LEXIS 13966 (Aug. 10, 2015)), the Seventh Circuit recently upheld a district court’s dismissal of a proposed class action accusing a hospital of violating the Fair Credit Reporting Act by failing to secure health data maintained on four desktop computers that
Insurer Required to Defend and Indemnify FCRA Action Despite Penalty Exclusions
Earlier this week, the New York Supreme Court issued an opinion finding that an insurer has a duty to defend and indemnify a national background screening company in two Fair Credit Reporting Act actions despite the policy’s exclusions of fines and penalties.
In the two underlying actions at issue (Scott Ernst v. Dish Network,
The Legislatures of State and Local Governments Consider Additional “Ban the Box” Legislation
A growing number of state and local governments have “banned the box” by prohibiting inquiry into a job applicant’s criminal history at the initial application stage. This summer saw a number of additional state and local proposals in this regard, some of which became law and others of which were rejected.
Connecticut House Bill 6875
Georgia Enacts New Consumer Reporting Law
Effective, July 1, 2015, Georgia HB 328 creates protections to consumers similar to those found in the federal Fair Credit Reporting Act (FCRA).
Specifically, the law amends Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the “Fair Business Practices Act of 1975,” by adding a
FCC Passes New Declaratory Rule Clarifying and Interpreting Multiple, Key Provisions of the TCPA in a Manner That is Generally Unfavorable to Defendants
On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers.
The stark increase in the number of lawsuits that were filed under the Telephone Consumer Protection Act (“TCPA”) has been
New York City “Bans the Box” in Limiting Inquiry into Job Applicants’ Criminal History
On June 10, the New York City Council became the latest governmental body to “ban the box” by prohibiting private employers within the city from inquiring into a job applicant’s criminal history, and instead requiring that criminal background inquiries be deferred until the time of a job offer. In so doing, New York City joins
District Court Holds That Mailing Pre-Adverse and Adverse Action Letters Five Business Days Apart is Plausible FCRA Claim When It Conflicts With Content of Pre-Adverse Action Letter
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the Fair Credit Reporting Act. In doing so, the Court’s decision raises questions about a widely accepted safe harbor of mailing pre-adverse and adverse action notices
Recent FCRA Lawsuit Demonstrates Growing Trend of Class Actions Challenging Employment Background Screening Disclosure Forms
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
The complaint alleges that Dollar Tree failed to properly disclose in a separate document that it was going to obtain employees’ consumer reports for hiring purposes
Court Denies Bid to Dismiss FCRA Lawsuit Under Theory That Background Check was Not a Consumer Report
In Mattiaccio v. DHA Group, Inc., the plaintiff asserted three counts against his employer and its management under the Fair Credit Reporting Act. The defendants attempted to defeat the plaintiff’s claim by arguing the background check at issue was not a “consumer report” and, therefore, did not trigger the protections of the FCRA. Instead,
New York City Passes Bill Generally Banning Use of Credit Checks in Employment Decisions
Passed by a vote of 47-3, the Stop Credit Discrimination in Employment Act bans employers in New York City from using potential employees’ credit histories in making employment decisions. The bill amends the city’s Human Rights Law to make it an unlawful discriminatory practice to request or use an applicant’s consumer credit history in making