Litigation Continues Plaguing Employers
2 min read
Written By
Kelly Uebel
Published
Jun 05, 2020
Employers continue to face a tidal wave of litigation pertaining to the Fair Credit Reporting Act (FCRA). The positive news? These cases are all still focused on the two primary requirements employers have under the FCRA: the disclosure form and adverse action process.
A recent decision from the U.S. District Court for the Northern District of California now has an employer facing a certified class action over its disclosure form.[1] As noted in the court opinion, the employer provided a one-page form that contained a disclosure and authorization along with information specific to several state requirements. Not surprisingly, the plaintiffs alleged in the original complaint that the inclusion of state law provisions on the disclosure form violated the “solely” requirement of the FCRA and led to confusion as a result of the extraneous information.
In reviewing the matter at hand, the court determined the claim could proceed as a certified class action. However, the court decided that one of the two named plaintiffs was time-barred from bringing the claim based on the FCRA’s two-year statute of limitations. The plaintiff received a copy of his consumer report on October 28, 2015 and therefore should have brought a claim by November 1, 2017. Since the complaint was not filed until April 2018, the court determined his claim was untimely. The other named plaintiff was allowed to proceed as the class representative.
This is not the first time an employer has faced potential damages based on the inclusion of state law notices on the disclosure form. Asurint recommends employers have their forms and processes reviewed by qualified legal counsel on at least an annual basis if not more frequently.
[1] Bebault v. DMG Mori USA, Inc., No. 18-cv-02373-JD (N.D. Cal. Apr. 29, 2020).
You might also like

The New Renter Mindset: What Applicants Expect from Tenant Screening Today
Uncover key expectations renters bring into the screening process today and what those expectations mean for Property Operations teams.

Why Healthcare Background Screening Needs to Change: A Conversation with Verisys and Asurint
Verisys and Asurint leaders walk through what's actually working in healthcare background screening, what's being missed, and where traditional approaches are starting to fall short.

Virginia’s Clean Slate Act Takes Effect July 1, 2026
Beginning July 1, 2026, Virginia's Clean Slate Act will significantly expand record sealing. What does this mean for consumer reporting agencies providing background checks?