Plaintiffs Twist Meaning of Fair Credit Reporting Act

For corporate defendants, there is nothing fair about the Fair Credit Reporting Act, at least in the way it’s currently being exploited by plaintiff lawyers, argues Littler attorney Rod M. Fliegel. One way this is playing out: The requirement that employees must be informed if they are being subject to a background check “in a document that consists solely of the disclosure” is being wielded as a litigation weapon. Employers have been sued even for adding a small amount of added verbiage that did nothing but provide employees with information about their rights in state court. The author provides a short list of preventive steps for employers who want avoid becoming a target in what he describes as a “torrent” of FCRA class action lawsuits.