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| Credit and Financial Checks
February 4 2016

California Law And Background Screening

The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit Reporting Agencies Act (CCRAA).

The case, Connor v. First Student, involves bus drivers and investigative consumer reports under the ICRAA (background checks), with the bus drivers alleging that First Student did not obtain their prior written consent as required under the ICRAA, but not the CCRAA. Plaintiffs are seeking $10,000 statutory penalties per violation.

At issue is the constitutionality of the ICRAA, and thanks to Connor there is a split in the courts on this point.