The CFPB recently released two reports concerning tenant background checks. One report, “Consumer Snapshot: Tenant Background Checks,” discusses consumer complaints received by the CFPB that relate to tenant screening by landlords. The other report, “Tenant Background Checks Market,” looks at the practices of the tenant screening industry.… Continue Reading
California Court of Appeal allows plaintiff to bring willful FCRA claims as class action before jury
In a rare development, a California state court of appeals has opined on the requirements for obtaining authorization for background checks pursuant to the Fair Credit Reporting Act.
In Hebert v. Barnes & Noble, Inc., the plaintiff filed a putative class action against retailer Barnes & Noble, contending it willfully violated the FCRA by providing job applicants with a disclosure that included extraneous language unrelated to the topic of consumer reports. … Continue Reading
FTC provides guidance on FCRA requirements for employer background checks
When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees and job applicants.
Those requirements were the subject of a recent letter by FTC staff to a California company. … Continue Reading
FTC and EEOC issue guidance on background checks
A new joint publication of the Federal Trade Commission and Equal Employment Opportunity Commission serves as a reminder to employers of the risks that come with the use of background information when making personnel decisions, including hiring, retention, promotion, and reassignment. Titled “Background Checks: What Employers Need to Know,” the publication seeks to guide employers on how to comply with both the Fair Credit Reporting Act and federal nondiscrimination laws in obtaining background information, as well as using and disposing of such information. … Continue Reading