Court rules automatic scoring of background check does not constitute adverse action
A company who utilized a third-party background screening firm’s internal coding to score the results of their background checks faced claims from plaintiffs who received an unfavorable grade that the company took premature adverse action against them. Read More
“Cheap” alternative to standard consumer reporting agency lands restaurant in hot water
Waffle House must let a jury decide if the restaurant’s procedure of using of paid-search website for public record information to run background checks on applicants without properly notifying them ran afoul of the Fair Credit Reporting Act (FCRA). Read More
Judge tosses suit accusing Target of violating background check law
The ruling claimed that the retail giant did not willfully commit a violation of the Fair Credit Reporting Act (FCRA)’s “stand-alone disclosure” requirement. Read More
U.S. Supreme Court rules in favor of Spokeo, potentially making it more difficult for plaintiffs to bring “no-injury” FCRA actions based on mere statutory violations
In a highly anticipated Fair Credit Reporting Act decision, the U.S. Supreme Court ruled 6-2 that Article III standing requires both a concrete and particularized injury—a requirement that is not automatically satisfied by alleging a mere statutory violation. Read More
Philadelphia regional transportation authority sued over background checks
The Southeastern Pennsylvania Transportation Authority (SEPTA), the nation’s sixth-largest public transportation system, has been accused of violating federal and state employment laws after it turned away an applicant over a 20-year-old drug conviction. Read More