Employer Compliance Reminders As FCRA Class Actions Rise

Law360 (October 23, 2020, 11:11 AM EDT) -- In recent years, members of the defense bar and human resources community speculated that private class litigation over criminal background checks in the hiring process had run its course or was facing an inevitable sunset. That prediction turned out to be wholly inaccurate.

Many assumed that the U.S. Supreme Court's 2016 landmark ruling in Spokeo Inc. v. Robins,[1] which restricted a plaintiff's standing to bring Fair Credit Reporting Act claims in federal court, would put the FCRA litigation machine out of business. It has not.

Others reasoned that there was a limited number of large attractive employer targets for litigants to...

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