Labor & Employment Law

The FCRA imposes different disclosure of requirements upon employers based on the type of report being sought. A general consumer report contains information bearing on an individual?s character, general reputation, creditworthiness, personal characteristics, and lifestyle. The second type of report is an investigative consumer report which addresses the same items that a general consumer report does, but also includes information gathered from personal interviews with neighbors, associates, friends or others with whom the individual is acquainted, or who have knowledge of the individual.

The FCRA imposes very strict disclosure and notice duties that, if not complied with, can subject an employer to significant penalties. Employees that are aggrieved by willful violations of the FCRA can recover actual damages sustained up to $1,000, punitive damages and attorney?s fees. In actions brought by the Federal Trade Commission, employers can have civil penalties imposed of up to $2,500 per violation. In additional to civil penalties, a business that knowingly and willfully obtains a consumer report on an individual under false pretenses can be subject to fines and up to two years in prison.

Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.