2014

"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. "

The swelling tide of class action litigation against employers under FCRA is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the threat to employers is concrete, not merely hypothetical, close to a dozen nationwide class actions were filed in plaintiff-friendly venues during just June and July 2014. Generally speaking, employers must comply with the FCRA when they order virtually any type of report from a CRA, including criminal and motor vehicle records checks. Compliance with the FCRA is indispensable for all employers that use background reports to make hiring and employment decisions.

General Information Services Inc. (GIS) has reached a class action lawsuit settlement over allegations it violated the FCRA when providing information for consumer background check reports. If you were the subject of a criminal background check report that contained information furnished by GIS, you may be entitled to money from the class action settlement. The GIS settlement resolves allegations that the background screening company provided reports that contained expunged criminal records or did not mail notices to consumers that GIS had reported public record information likely to have an adverse effect upon the consumer 's employment on the same day that GIS furnished the report to the end-user.