Excerpt from Practical Guidance

Strategies For FCRA Employment Class Actions: Part 2

By James Boudreau and Christiana Signs (March 5, 2018, 2:32 PM EST) -- This article provides guidance on defending increasingly prevalent Fair Credit Reporting Act employment class actions. The FCRA regulates the preparation, procurement and use of "consumer reports." The act defines consumer report broadly. The term covers almost any communication about a consumer from a consumer reporting agency (an entity that assembles or evaluates consumer information for a profit or on a cooperative nonprofit basis) that is used to evaluate the consumer's eligibility for things like credit, insurance and importantly, employment. 15 U.S.C. §§ 1681a(d), (f).

Today, employers often obtain and use reports that may qualify as consumer reports. For example, criminal history...

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