CDIA to CFPB Task Force: We have so much to talk about

CDIA filed a comment this week with the CFPB’s Taskforce on Federal Consumer Financial Law in response to its March 2020 Request for Information to Assist the Taskforce on Federal Consumer Financial Law.  Since the RFI was open-ended, it allowed CDIA to offer a comment on a wide range of issues the consumer reporting community… Continue reading CDIA to CFPB Task Force: We have so much to talk about

TMI: The 9th Circuit finds that in an employment disclosure too much is too much

Last week, the 9th Circuit issued an opinion that goes into some detail about what may – and what may not – be included in a “disclosure.”  The Court partially revived a job applicant’s claims against Fred Meyer, a grocery chain. The appeals court overturned the district court’s finding that the plaintiff, Daniel Walker, failed… Continue reading TMI: The 9th Circuit finds that in an employment disclosure too much is too much

U.S. judge OKs $562K settlement of class-action lawsuit over inaccurate criminal background checks

As reported by the Patriot-News in Harrisburg, Pennsylvania, Judge Yvette Kane of the Middle District of Pennsylvania has approved a “$562,500 settlement of a class-action lawsuit against a company accused of providing prospective employers with inaccurate criminal background checks.”  The story adds that “[m]ost of the money from the settlement…will result in payments of $333… Continue reading U.S. judge OKs $562K settlement of class-action lawsuit over inaccurate criminal background checks

Home Depot case dismissed; No injury alleged under Spokeo

The U.S. District Court for the Central District of California dismissed a suit against Home Depot brought by a plaintiff alleging that the retailer violated the FCRA by combining various forms in to one document.  Citing Spokeo, the court dismissed the complaint because the plaintiff did not allege a concrete injury. Case: Saltzberg v. Home… Continue reading Home Depot case dismissed; No injury alleged under Spokeo

New Wave of FCRA Suits Against Employers Over Technicalities

In the last year, Whole Foods, Michaels, Panera, Publix Supermarkets, just to name four, have been sued for what a Fortune article recently referred to as technical violations of the FCRA; namely the consumer consent provisions required by an employer to conduct a criminal or credit background check.  Those of you with Lexis subscriptions can… Continue reading New Wave of FCRA Suits Against Employers Over Technicalities

Dollar General Settles Private Case; It’s More Than a Dollar

Dollar General continues to be locked in to a battle with the EEOC in federal court in Illinois over the company’s criminal background checks. In a separate and unrelated case, Dollar General has agreed to settle a putative class action in Virginia which alleged that the company failed to properly notify over 200,000 job applicants… Continue reading Dollar General Settles Private Case; It’s More Than a Dollar

What’s Good for the Goose, Ought to be Good for the Gander, Part III

By denying BMW access to the EEOC’s hiring policies regarding the use of criminal background checks, a U.S. magistrate in South Carolina took the opposite view of federal courts in Ohio and Maryland.  Federal courts in Ohio and Maryland held that the EEOC’s use of criminal background checks was relevant in the Commission’s litigation against Kaplan… Continue reading What’s Good for the Goose, Ought to be Good for the Gander, Part III

DC-Area Metro System Sued

One of the most recent case against an employer alleged to have violated the Civil Rights Act violation for using criminal histories to screen for employment is here in the District of Columbia against WMATA, the authority that runs the Metro bus and Metro subway systems. Other local transit companies are also defendants. There are… Continue reading DC-Area Metro System Sued

Hardie v. NCAA: An Update

Hardie v. NCAA, 13-cv-00346-W-DHB (U.S. Dist. Ct., S.D. Calif.). Summary: This case was brought in February 2013 by Dominic Hardie, a 35-year-old AAU basketball coach from Houston, with a 2001 conviction for possession with intent to distribute less than a gram of cocaine.  The plaintiff alleges discrimination in the NCAA’s policy of excluding all ex-felons… Continue reading Hardie v. NCAA: An Update

New Employment Screening Litigation

On July 23, 2014, three new FCRA cases were filed in the Southern District of Florida with a lot of commonality and with some troubling new allegations. The three cases were filed after the apparent two-year statute of limitations expired. The complaints allege disclosures made in 2010 through May 2012.  As we know, the statute of limitations is… Continue reading New Employment Screening Litigation