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February 8 2018

In The Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure To Provide Stand Alone Notice

Employers who don't comply with regulations of the Fair Credit Reporting Act (FCRA), including for violations like failure to provide notice to applicants in a stand-alone format and getting written permission before running the background check, could face expensive and time-consuming class action lawsuits of up to $1,000 per violation.
But, after the "concrete injury" Supreme Court decision in Spokeo, Inc. v. Robins, federal courts have a heightened sensitivity to standing issues and have a new sense of protection as a result. If no harm can be demonstrated, employers can breathe easy, even if they have made a mistake.