Archives: FCRA

Background Check Disclosures with State Law Information Are Illegal, Ninth Circuit Declares in Class Action Case

By Todd Lebowitz on February 1, 2019 Posted in FCRA

Check your background check disclosure forms. Now. The Ninth Circuit has now declared that background check disclosure forms that include state law disclosures are illegal. Gilberg v. California Check Cashing Stores, LLC, Case No. 17-16263 (9th Cir. Jan. 29, 2019).… Continue Reading

Standing Together to a Point: Spokeo Holding Reflects Broad Supreme Court Agreement on Standing Rules in Actions Raising Statutory Violations

By John Lewis and Dustin Dow on May 17, 2016 Posted in FCRA

Amid the meteoric rise of statutory damage class action filings, the Supreme Court laid out ground rules on Monday for when a case meets both components of the injury-in-fact requirements of Article III. In a 6-2 opinion in Spokeo, Inc. v. Robins, No. 13-1339, written by Justice Samuel Alito, the Court held that a named … Continue Reading

Publix to Pay $6.8 Million Settlement over Noncompliant Background Check Forms

By Todd Lebowitz on November 3, 2014 Posted in FCRA

If your company’s background check disclosure form includes a release of liability, take it out. Less than a year after a federal district court in Pennsylvania ruled that Closetmaid violated the Fair Credit Reporting Act (FCRA) by including release language in its background check disclosure form, the Publix supermarket chain agreed to pay nearly $6.8 … Continue Reading