Category Archives: Fair Credit Reporting Act

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Delta Air Lines to Pay $2.3 Million to Settle FCRA Class Action Lawsuit

Delta Airlines has agreed to pay $2.3 Million to settle a class action lawsuit for alleged Fair Credit Reporting Act (FCRA) violations. Approximately 44,000 applicants were affected and are eligible to collect a portion of the settlement. According to the plaintiffs, Delta’s forms contained extraneous and misleading information that could not be understood without an in-depth review of the FCRA. Under the 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 means that any extraneous information such as a release of liability or any other information that detracts from the notice should not be on the disclosure and including it there can result in legal and monetary repercussions.

Cases like 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.

Some resources most accredited screening providers can offer 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. Also, 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.

Are you interested in leveraging CRC’s compliance team to ensure you’re in FCRA compliance? Feel free to reach out to us for a free consultation!

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CRC partners with CCUL to offer background checks to credit unions, Inc (CRC) is excited to announce our partnership with the Carolinas Credit Union League. Under this partnership, CRC will provide accredited background screening services to League-affiliated credit unions. CRC has developed a background screening program specific to CCUL members which includes pre-established compliance solutions, as well as industry-specific packages and services.

For more information about our partnership with the Carolinas Credit Union League, please reach out to CRC’s Customer Care Group at 877-272-0266.

CRC is one of only 88 companies accredited by the National Association of Professional Background Screeners (NAPBS). If you are an association interested in offering an industry-specific background screening program to your members, please contact Dorian Dehnel at 877-272-0266 Ext. 1024.

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Lax Matching Criteria Causes Background Screening Issues for Maryland Man

In an unfortunate and preventable case of mistaken identity, Christopher Jenkins, a Maryland man is struggling to progress beyond his potential employers’ background screening process since he shares the same name and date of birth as a convicted felon in South Florida. The Florida resident has a history of arrests including marijuana possession and grand theft auto. As a result of numerous inaccurate background checks, Christopher Jenkins now carries multiple documents from government agencies to prove that he’s never been convicted of any felonies.

This instance of mistaken identity could be the result of the previous background screening providers’ lax matching criteria. Employers are advised to properly vet their background screening provider’s reporting policies, specifically their matching criteria and the sources of their data. Background screeners are regulated by the Fair Credit Reporting Act, which requires maximum possible accuracy in the reporting of public records. To ensure maximum possible accuracy, background screening providers should have a reporting policy specific to “Common Names”. A comprehensive “Common Name” policy will include the verification of additional data points like previously known addresses. Additional procedures for locating more data points in the criminal record should also be included. Additional data points can be located by pulling the hard copy of the criminal case file from the court or requesting the criminal complaint from the responding law enforcement agency. A “Common Name” policy is more stringent for the purpose of ensuring that any reported criminal records are accurate and belong to the subject of the background check.

CRC customers can reach out to our dedicated Customer Care Team at (877) 272-0266 for more information on our Criminal Record Matching Criteria and Common Name policy!

Click here to read the the full story posted by the Palm Beach Post

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