FCRA Ruling Offers Defense For Hypertechnical Claims

Law360 (November 8, 2019, 4:20 PM EST) -- On Sept. 23, the U.S. District Court for the Eastern District of Virginia dismissed with prejudice a putative class action against First Advantage Background Services Corp. based on alleged violations of the Fair Credit Reporting Act. 

The decision marks a clear distinction between consumer reporting agencies, or CRAs, and the users of their reports in the hiring context, where a CRA applied employer-provided hiring criteria to background screenings for prospective employees. It further presents another helpful application of the U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins.

Background

As background, in Frazier v. First Advantage Background Services, each of the...

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