April



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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April 24, 2017
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New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive And Well

Employers have been struggling to understand their responsibilities under the Fair Credit Reporting Act (FCRA) as plaintiffs change their focus from traditional background check compliance to targeting employers' use of social media accounts and internet search engines. 

In one case, the plaintiffs alleged that an employer's use of LinkedIn violates the FCRA. But, though the use of technology and social media is on the rise, a claim against UPS reminds employers to maintain continued vigilance against traditional FCRA claims. 

The company allegedly revoked a candidate's offer due to information revealed in the background check report, without telling him what the information was or giving him an opportunity to discuss the information.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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April 24, 2017
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"Solely" Means "Solely" When It Comes To FCRA-Mandated Disclosures

The Ninth Circuit recently tackled the meaning of the word "solely" in considering the legality of an employer's inclusion of a prospective waiver as part of the Fair Credit Reporting Act-mandated disclosures.

In Syed v. M-I, LLC, the Ninth Circuit found that the not uncommon practice of obtaining consumer reports about applicants or employees constitutes a willful violation of the FCRA as a matter of law. In addition, those disclosures must be made "in a document that consists 'solely' of the disclosure."

Employers should review their FCRA disclosure and authorization forms to ensure they do not contain liability waivers or any other information not specifically authorized by the FCRA.

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