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AI and Other Decision-Making Tools: Does the Fair Credit Reporting Act Apply?

The Consumer Financial Protection Board (CFPB) recently issued guidances titled Consumer Financial Protection Circular 2024-06: Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions...more

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to...more

Manufacturing Employers Continue Smart Hiring, With a New Twist

Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

Spring Cleaning for FCRA Compliance: Using the Most Up-To-Date Federal Summary of Rights

The Consumer Financial Protection Bureau’s (CFPB) updated Final Rule on the federal Fair Credit Reporting Act (FCRA) Summary of Rights includes such non-substantive changes as corrections to contact information for various...more

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows...more

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”...more

Understanding CFPB’s Legal Advisory on “Permissible” Purpose

The Consumer Financial Protection Bureau (CFPB) recently issued a legal Advisory in early July 2022, intending to protect the privacy rights of individuals subject to background checks by third-party consumer reporting...more

Philadelphia Enacts Key Changes To ‘Ban The Box,’ Credit Screening Ordinances

Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...more

FTC’s Tips On Using Artificial Intelligence And Algorithms

Artificial intelligence (AI) technology that uses algorithms to assist in decision-making offers tremendous opportunity to make predictions and evaluate “big data.” The Federal Trade Commission (FTC), on April 8, 2020,...more

New Version Of Model FCRA Summary Of Rights Released; And You Have One Week To Comply

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check...more

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