Vigorous disputes over what wording and format satisfies the FCRA have spawned innumerable lawsuits, including dozens of massive nationwide class action lawsuits against employers of all sizes throughout the country. Federal judges (even some presiding over cases within the same jurisdiction) disagree on how to interpret the statutory mandate. Against this backdrop, the FTC’s cursory blog article falls far short of any serious effort by the regulator to help bring clarity to an uncertain and important area of the law.
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