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.

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.

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.

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. 

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.