The U.S. District Court for the Eastern District of Virginia dismissed a putative class action, with prejudice, against First Advantage Background Services Corp. where the company allegedly violated the FCRA. Among other things, the plaintiffs claimed that FADV was acting as both a CRA and a user when the company allegedly sent a score to the employer along with the job applicant’s consumer report. As noted in a Law 360 blog by Troutman Sanders, “the Frazier decision provides compelling grounds to argue against a plaintiff’s attempt to blur the lines between consumer reporting agencies and users under the FCRA [and it] serves as an additional authority for defendants to challenge plaintiffs’ standing to bring hypertechnical claims.”

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