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FCRA Compliance

lawsuit

Company Faces Class Action Lawsuit Over Background Checks

A former employee filed a class action lawsuit against their former employer claiming they obtained employment-related background checks without the required disclosures and written authorizations, violating the Fair Credit Reporting Act (FCRA). Under the FCRA, a background check report may not be procured unless a “clear and conspicuous disclosure has been made in writing to the …

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advisory

CFPB Advisory Confirms “Permissible Purpose” Required to Share Credit and Background Reports

The Consumer Financial Protection Bureau (CFPB) recently issued an advisory to confirm that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act (FCRA). As most of us are aware, the FCRA ensures fair and accurate reporting, requiring users who purchase these reports to have …

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Top 10 Background Screening Predictions 2021

Hire Image’s Top Ten Background Screening Predictions for 2021

1. Background Screening Challenges Continue as a Result of COVID-19 Various government, business, and education closures have been a necessary, but concerning, effect of the pandemic. These closures have had broad implications across many different industries, including background screening. And there is little doubt these implications will continue into 2021. Court closures remain in jurisdictions …

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FCRA Exception for Background Screeners in the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA

The California Consumer Privacy Act (CCPA) has been enforced by the California Attorney General since July 1, 2020.  The CCPA is designed to protect the personal information of California consumers, which is broadly defined as information that “identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” …

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Independent Contractors vs. Employee vs. FCRA – It’s Not as Settled as You Think

It is no surprise that the Fair Credit Reporting Act (FCRA) is the subject of many lawsuits and multi-million dollar class action settlements, particularly when it comes to a consumer report being obtained for “employment purposes.” This includes the “stand-alone disclosure” requirement and the two-step adverse action process when making an adverse employment decision.  What …

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Long-Awaited Decision in California Clarifies Interpretation of Two State Statutes Affecting Background Screeners

On August 20, 2018, the Supreme Court of California held that the state’s Investigative Consumer Reporting Agencies Act (“ICRAA”) was not unconstitutionally vague as applied to employer background checks, despite some overlap with another state statute, the Consumer Credit Reporting Agencies Act (“CCRAA”).  In Connor v. First Student, Inc., a conflict between two courts of appeal …

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Are employers finally winning when it comes to FCRA lawsuits?

FCRA compliance violations have been the subject of frivolous lawsuits brought against employers. A recent Virginia Federal Court found that a plaintiff lacked standing to sue a company for obtaining his consumer report without a permissible purpose (Dilday v. DIRECTV). At the heart of this case, the plaintiff claimed that DIRECTV obtained his consumer report …

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6 Simple Steps for Ensuring Background Screening Compliance

Take even just a quick glance at the Hire Image newsfeed, and you won’t be able to miss the barrage of stories about employers with class action lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) to newer and more restrictive state, county, or city-specific laws that impose additional responsibilities during the hiring process. …

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