Last week, the U.S. Court of Appeals for the Ninth Circuit put a do not enter sign in the way of a truck driver’s “novel” claim that Hansen & Adkins Auto Transport violated the FCRA when it gave the plaintiff, Leonard Luna, a disclosure document at the same time as other employment documents. The case is Luna v. Hansen & Adkins Auto Transport.
Luna’s FCRA claim was “more novel than most,” said the Court, because he argued that the law’s requirement for a stand-alone disclosure was violated when he was handed other documents. The Court said that his “argument stretches the statute’s requirements beyond the limits of law and common sense.” While the “FCRA requires that a disclosure form contain nothing more than the disclosure itself…no authority suggests that a disclosure must be distinct in time, as well.”
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