The Littler law firm recently issued a paper, noting the “swelling tide of class action litigation against employers under the [FCRA].” A note accompanying the publication adds that “[t]hese lawsuits…typically…allege hyper-technical non-compliance with the FCRA (e.g., supposed defects in the employer’s pre-employment forms and template notices). That is, the lawsuits appear to be lawyer-contrived cash grabs because no job applicant or employee possibly could have suffered any real harm.” The paper was authored by Rod Fliegel, Jennifer Mora and William Simmons.
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More