FCRA Provision Unconstitutional, Background Check Co. Says

Law360, Philadelphia (October 2, 2012, 5:47 PM EDT) -- A provision of the Fair Credit Reporting Act prohibiting the release of some job applicants’ criminal histories should be declared an unconstitutional violation of commercial speech, an attorney defending consumer reporting agency General Information Services Inc. against a putative class action told a Pennsylvania federal judge Tuesday.

During a hearing in Philadelphia, Richard Dietz, an attorney with Kilpatrick Townsend & Stockton LLP representing GIS, told U.S. District Judge Petrese Tucker that it was violation of the company’s First Amendment rights to keep it from sharing publicly...
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