Recently, The Federal Trade Commission testified before the Senate Banking, Housing and Urban Affairs Committee that enforcement of the Fair Credit Reporting Act (FCRA) remains a top priority, and outlined the agency’s efforts to educate consumers and businesses about the law’s requirements. According to the FTC Press Release, the Commission has played a key role in the implementation, enforcement, and interpretation of the FCRA since its enactment in 1970. The FCRA requires consumer reporting agencies to follow reasonable procedures… [Read More]
Class Action Lawsuits Continue to Impact Employers
As POEknows has reported to you in previous newsletters and via our blog posts, class action lawsuits continue to impact employers. Under the the Fair Credit Reporting Act (FCRA), it is unlawful to procure or caused to be procured, a consumer report or investigative consumer report for employment purposes unless the disclosure is made in a document that consists solely of the disclosure and the consumer has authorized, in writing, the procurement of the report. According to Top… [Read More]
FCRA Lawsuits will Remain a Potential Threat to Employers
On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S. will remain a potential threat to employers despite recent court rulings dismissing FCRA lawsuits and… [Read More]
Employment Adverse Action Notifications – Change in Conditions of Employment
Adverse Action Notifications on prospective resident applications are required to be provided by the property manager/owner when it intends to decline an applicant, AND when the property manager/owner intends to approve an applicant, with an increased security deposit and/or a guarantor. One would think it is a much simpler choice when employers review prospective employee applications. Wouldn’t one? One would think Adverse Action Notifications on prospective employees are required to be provided by the employer… [Read More]
FCRA update: CoreLogic National Background Data, LLC
In February, 2016, Pamela Devata, attorney and noted legal expert on the Fair Credit Reporting Act, reported the U.S. District Court for the Eastern District of Virginia denied the defendant’s motion for summary judgment on an FCRA claim in the case of Henderson v. Corelogic National Background Data, LLC, No. 3:12cv97. This decision has sweeping implications for data providers as well as Consumer Reporting Agencies and End Users of Consumer Reports. POE is a client… [Read More]