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Employer Liability Issues › Credit Reports › Employment Litigation

Benesch

The Devil You Don’t Know - Might Not Be So Bad! Good News for Driver Credit and Background Checks

Benesch on

In this era of driver and employee shortages, employers of all kinds -  motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more

Nilan Johnson Lewis PA

FCRA Standalone Disclosure Claims: Not Still Standing in the 8th Circuit

Nilan Johnson Lewis PA on

On September 6, 2018, the Eighth Circuit Court of Appeals ruled that an employee who consents to a background check cannot pursue a claim in federal court based on a violation of the Fair Credit Reporting Act’s (FCRA)...more

Littler

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure...

Littler on

On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more

Seyfarth Shaw LLP

California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute

Seyfarth Shaw LLP on

Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more

Stoel Rives - World of Employment

California Supreme Court Resolves Conflict Regarding California’s Background Check Laws

Stoel Rives - World of Employment on

In Connor v. First Student, Inc., the California Supreme Court resolved a conflict in Court of Appeal decisions relating to the constitutionality of California’s background check laws....more

Fenwick & West LLP

Procedural FCRA Violation Without Harm is Insufficient for Standing, 9th Circuit Rules

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more

Fenwick & West LLP

The Seventh Circuit Finds No Standing in FCRA Case Based on Job Application Credit Reports

Fenwick & West LLP on

The U.S. Court of Appeals for the Seventh Circuit held that allegations that prospective employers obtained consumer reports in technical violation of the Fair Credit Reporting Act by themselves do not constitute a concrete...more

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