September

A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the FCRA by failure to obtain a valid background check consent on an online application process. The three complaints brought on behalf of individual plaintiffs as well a class of similarly situated individuals essentially allege the same type of violation�that the employer failed to obtain a valid consent on a standalone form that did not contain extraneous information.

"Gov. Andrew Cuomo signed legislation that strengthens the vetting process for volunteer firefighter organizations by requiring applicants to submit to a background check for any prior sex offense convictions. ""Firefighters are often in a position where they serve and protect vulnerable members of their communities - which is why it is imperative that our volunteer firefighter organizations are staffed with highly qualified and dedicated individuals,"" Cuomo said. This legislation will require prospective volunteer firefighters to authorize a background check for sex offense convictions if the individual wishes to proceed with an application. This law passed both houses of the Legislature."

"Six members of the Owner-Operator Independent Drivers Association, OOIDA, filed a class-action suit against the Federal Motor Carrier Safety Administration under the Federal Privacy Act charging that the agency is unlawfully disseminating reports of driver safety records to potential employers. According to the complaint, FMCSA is only allowed to report ""serious driver-related violations"" under its Pre-Employment Screening Program. However, the agency is releasing reports that go far beyond its statutory authority. The plaintiff truck drivers allege that FMCSA is acting willfully to disparage the safety records of individual drivers and each seeks statutory damages of $1,000. "