Data Facts wants to educate our clients on compliant best practices with their background check policies. Simple errors can be considered a willful violation of the FCRA. Don't fall victim to expensive lawsuits due to negligence or lack of oversight!
~Originally posted at JD Supra Business Advisor by Abigail Green
In a case of first impression, the Ninth Circuit ruled that an employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in a disclosure and authorization form that it provided to a job applicant. As a result, the employer could be held liable for statutory damages ranging from $100 to $1,000, punitive damages, as well as attorneys’ fees and costs, even though the employee did not suffer any actual harm. Syed v. M-I, LLC, 2017 WL 242559 (9th Cir. 2017).