Author Archives: Dorian

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Class Action Lawsuit Filed Against PepsiCo Subsidiary for Alleged FCRA Violations

Category : Legal

A class action lawsuit was filed against Bottling Group LLC, a subsidiary of Pepsi Co, Inc, by a job applicant, Altareek Grice, who alleges that he was not properly notified when the company procured a consumer report on him.  (Altareek Grice v. Pepsi Beverages Co. et al., Case No. 3:17-­cv-­01842, in the U.S. District Court for the Southern District of California)

Under the Fair Credit Reporting Act (FCRA) employers are required to provide clear and conspicuous disclosure, on a document consisting solely of the disclosure, as well as obtain the consumer’s written authorization prior to procuring the consumer report.  This process is commonly referred to as “Disclosure and Authorization”. If the court finds that there are damages, PepsiCo and its subsidiary could face fines of $100 to $1,000 per violation.

While this case is still in the initial stages of litigation, this should serve as a reminder to employers to review their FCRA forms, in particular their Disclosure and Authorization forms, as well as their Adverse Action forms.

Employers should also leverage their background screening provider for assistance with FCRA compliance.  Although background screening providers cannot (and should not) provide legal counsel, experienced and accredited background screening providers can provide end users with valuable tools and resources to help them comply with the Fair Credit Reporting Act and its analogous state laws.

Examples of these tools and resources include, but are not limited to, sample template FCRA and state-specific forms, document/process fulfillment and automated compliance tools which are offered directly through the background screener’s online portal.  Furthermore, most established background screening providers have relationships with experienced, industry-leading attorneys. If outside counsel is sought, the background screening provider will be able to refer the employer to an attorney that specializes in background screening and the Fair Credit Reporting Act.

For more information on how CRC can help you comply with the Fair Credit Reporting Act, please reach out to our dedicated Customer Care Team at (877) 272-0266!


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Equifax Data Breach Exposes 143 Million Americans to Identity Theft

Equifax announced yesterday that they have suffered a data breach that exposes 143 million people to identity theft. The hack was discovered on July 29th, but consumers were not alerted until September 07th due to the company’s investigation. The breach yielded consumer’s names, birth dates, Social Security numbers, addresses and driver’s license numbers. In addition, Equifax stated that credit card numbers for about 209,000 U.S. consumers were stolen as well as “certain dispute documents” containing personal information for 182,000 individuals.

Equifax offers a site to enroll in free credit monitoring in response to this incident (https://www.equifaxsecurity2017.com/enroll/). Please note that their terms of use effective September 6, 2017 for utilizing this service limits the ability for a potential consumer to participate in a class action lawsuit. (https://trustedidpremier.com/static/terms).

If you are concerned that you were affected by the Equifax data breach, regularly review your statements and check your credit now. A great resource for periodically checking your credit report is www.AnnualCreditReport.com. This is a government-sponsored site that allows consumers to check their credit report, for free, through each of the major credit bureaus once every 12 months.

CRC customers can reach out to CRC’s Customer Care Group at 1-877-272-0266 Extension 0 if they have any questions about this article!


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9th U.S. Circuit Court of Appeals Rules on Robins V. Spokeo, Inc

The Ninth Circuit’s recent Robins V. Spokeo ruling alleges a concrete injury by Spokeo, Inc due to technical FCRA violations. While this case still needs to be tried at the district court level, this should be a reminder for all users of background screening services to understand the technical requirements of the Fair Credit Reporting Act and work with a Consumer Reporting Agency that will provide you with assistance on how to comply.

Click the link below for the full article! https://goo.gl/Rm7Czm

Have questions about the Robins V. Spokeo ruling? CRC customers can call the Customer Care Group at 877-272-0266 X 0.


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Los Angeles Ban the Box – Effective January 22, 2017

Los Angeles is the latest jurisdiction to Ban the Box with the “Los Angeles Fair Chance Initiative for Hiring (Ban the Box)”.  The ordinance was signed by Mayor Eric Garcetti on December 9th and goes into effect on January 22, 2017.

As a result of this ordinance, employers are prohibited from inquiring about an applicant’s criminal history until a conditional job offer has been made.  The ordinance applies to employers that are located in or doing business in Los Angeles and employ at least 10 employees.

Prior to taking adverse action against an applicant based on their  criminal history, the employer must perform an Individualized Assessment.  A copy of the Individualized Assessment and any other information or documentation supporting the adverse action must be provided to the applicant.  After providing the applicant with the documentation supporting the adverse action, the employer must wait at least five (5) business days before filling the position or taking adverse action against the applicant.  If the applicant provides additional information or documentation within the five (5) business days, the employer is required to consider the information and perform a written reassessment, which is required to be provided to the applicant if adverse action is ultimately taken against the applicant.

The four exceptions to the ordinance are as follows:

  • The employer is required by law to obtain information regarding a conviction of an applicant.
  • The applicant would be required to possess or use a firearm in the course of his or her employment.
  • The applicant has been convicted of a crime is prohibited by law from holding the position sought.
  • An employer is prohibited by law from hiring an applicant who has been convicted of a crime.

Click here for the full text of  Los Angeles Fair Chance Initiative for Hiring (Ban the Box)

 

 


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Happy Holidays from CRC!

Happy Holidays from everyone at CriminalRecordCheck.com, Inc. We hope your holidays will be filled with joy and laughter through the New Year.

We will be closed on Monday, December 26th.  Normal business hours will continue on Tuesday, December 27th.  As always, our on-line ordering platforms are available 24/7.  From our families to yours, we wish you a safe and wonderful holiday season!


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RWHRMA 5k and Fun Run!

On Saturday June 25, CRC joined with other local companies to support the RWHRMA in partnership with TSHRM for the annual 5k and fun run fundraiser. The goal of this event is to raise money to assist the broader HR community as well as contribute a portion of the funds to a local charity. This year, the charity that was selected was Dress For Success Triangle, which assists women in finding employment and economic independence. The event was held at the Cary Wake Med Soccer Fields, and we could not have asked for a better turnout or better weather!

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CRC owners, Barbara and David Dehnel

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Congrats to Cara Filko for winning first place in her group!

 

 

 

 

 

 

 

 

 

 

 


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2016 VA SHRM Conference

Our business development team had great success at the recent 2016 VA SHRM Conference! This  years conference was held at the Omni Homestead Resort in Hot Springs, VA. We were glad to have the opportunity to meet so many great business professionals, as well as enjoy the perfect weather!

Next years VA SHRM Conference will be held March 12-15 at the Williamsburg Lodge.

 

Business Development Associate, Miles Sliwa

Business Development Associate, Miles Sliwa


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Alarm Systems Licensing Board – Special Announcement

At the latest meeting of the North Carolina Alarm Systems Licensing Board, a recent draft of Bill 2015-TQz-40 was discussed titled “Amend APA/Sunset Occupational Licensing Bds. What this bill intends to do is place restrictions on certain licensing boards, consolidate, and in some instances eliminate licensing boards all together.

The NC Alarm Systems Licensing Board is one that is set to be eliminated upon the passage of this bill. CriminalRecordCheck.com, Inc. has taken a strong stance against this bill, and encourages our friends and partners in the alarm systems installation industry to do the same.

The Intention: 
It is the intention of the General Assembly of North Carolina to cut costs and hope that an open market system will encourage lower prices and ‘work-itself-out’.

The Actual Outcome:
Rather than lower fees, companies can expect for the cost of doing business in various counties to skyrocket. The ASLB is a huge benefit to alarm installation companies and their employees in that it allows for statewide licensing. Without the ASLB process, each of the 100 counties of North Carolina will attempt to collect fees and taxes. It will be very prohibitive to companies looking to expand their alarm installation business to additional counties.

Safety Liability:
The largest concern of CriminalRecordCheck.com, Inc. is that anyone will be able to install alarm systems in peoples’ homes. Individuals could have criminal records for assault, theft, or worse crimes, and be installing the alarms right alongside your family. Some of these offenders could have a court date AFTER they install an alarm in your home or business!

The attendees of the March 24, 2016 ASLB meeting all seemed to be strongly opposed to this bill and voiced their opinions. They understand the need for the board, what it stands for, and the protections that it offers.

 

What can you do to help?

Contacts for the Joint Legislative Administrative Procedure Oversight Committee can be found below. We recommend reaching out and voicing your opinion!

Click Here to Be Taken to the Committee Information Page!

The Joint Legislative Administrative Procedure Oversight Committee will meet at 9:30 a.m. in Room 544 of the Legislative Office Building, Raleigh, North Carolina. Tuesday, April 5, 2016.

PLEASE MARK THIS ON YOUR CALENDAR, AND ARRIVE EARLY

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FTC Commissioner Julie Brill to Resign

From FTC.gov

Julie Brill, who has served as a Commissioner of the Federal Trade Commission since April 2010, will resign her position at the end of this month.

“Commissioner Brill has been an unwavering advocate for consumers and competition during her six-year tenure at the Federal Trade Commission,” said FTC Chairwoman Edith Ramirez. “Commissioner Brill’s expertise in consumer protection, privacy, and antitrust has been an asset to the agency, and we are sorry to see her leave. We wish her well on her next steps.”

A Democrat, Brill was appointed by President Obama and sworn in on April 6, 2010. Her last day at the Commission will be March 31, 2016. Brill plans to remain in Washington, D.C. and will be going into private practice.

Prior to joining the FTC, Commissioner Brill was the Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust for the North Carolina Department of Justice.  Before that, she served as an Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for over 20 years.