Navigating 9th Circ.'s Take On Background Check Disclosures

Law360 (March 4, 2019, 1:05 PM EST) -- Companies that conduct employee background checks should take special care to provide clear and stand-alone disclosures of the information required by the federal Fair Credit Reporting Act as well as California's parallel Investigative Consumer Reporting Agencies Act, or ICRAA.

These laws protect consumer privacy rights and regulate the collection, disclosure and use of consumer information. Both impose various disclosure requirements, and, in an effort to comply with the myriad requirements imposed by federal and state law, some employers rely on a single multistate form that provides the FCRA-mandated disclosures as well as various state-specific disclosures. It is not uncommon, for example,...

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