Spokeo Poses High Hurdle For Background Check Plaintiffs

Law360, New York (December 13, 2016, 11:42 AM EST) -- Michael P. Daly

Richard M. Haggerty One of the most common species of “no injury” class actions in recent years has arisen under the Fair Credit Reporting Act, which requires that, before conducting background checks, employers must make “a clear and conspicuous disclosure ... in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes.” 15 U.S.C. § 1681b(b)(2)(A)(i). Seizing on the words “in a document that consists solely of the disclosure,” creative plaintiffs have claimed that employers violated the statute because disclosures did more than parrot the nine words “a consumer report may...

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