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New “Summary of Rights” FCRA Notices Required Effective September 21, 2018

On May 24, 2018, the President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”) into law, adding new Fair Credit Reporting Act (“FCRA”) required notices.  The changes primarily impact consumer reporting agencies (“CRAs”) rather than employers, but one change adds a new required notice whenever a Summary of Consumer Rights is required by the FCRA’s Section 609.

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Recent FCRA Data Breach Class Action Decision: Statutory violations may be enough to establish Article III standing

In a recent decision, the Third Circuit Court of Appeals reversed the lower court’s ruling on a motion to dismiss and held that class action plaintiffs had Article III standing on the basis of their data security Fair Credit Reporting Act (FCRA) claims.

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Recent FCRA Data Breach Class Action Decision: Statutory violations may be enough to establish Article III standing

In a recent decision, the Third Circuit Court of Appeals reversed the lower court’s ruling on a motion to dismiss and held that class action plaintiffs had Article III standing on the basis of their data security Fair Credit Reporting Act (FCRA) claims.

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The Second Circuit Certifies Questions Regarding the Scope of Criminal Conviction History Discrimination Liability

The Second Circuit recently certified three questions regarding who may be held liable under New York State Human Rights Law Section 296(15) which prohibits discrimination on the basis of a criminal conviction record. 

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Risky Business: Considering an Applicant or Employee’s Criminal Conviction Information

Employers face the dual struggle of protecting the safety of their workforce and their products while simultaneously complying with laws addressing background check information. On one hand, it can be a risk to hire a candidate with a concerning criminal background. On the other hand, missing a technical step in the various laws could lead to devastating and expensive liability.  

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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