The lead plaintiff in the case claims she signed a background check disclosure that included a liability waiver – a practice which violates the FCRA’s requirement for disclosures to reside on a completely stand-alone document without any extraneous information.

"The inclusion of the liability release clause in [Marriott]’s authorization forms invalidates the purported consent and also triggers statutory damages under the FCRA in the amount of up to $1,000 for each applicant that [Marriott] obtained a consumer report without a facially valid authorization, as well as punitive damages, equitable relief, and attorneys' fees and costs," the complaint states.

Source: Law360.com, 8/21/2017