New York Consumer Law Blog

Thursday, December 14, 2017

Ninth Circuit Court of Appeals: FCRA bars background check liability waiver

In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the FCRA. This case was significant because the Ninth Circuit is the first federal appeals court to definitively state that the FCRA “unambiguously bars the inclusion of a liability waiver.” The court also notably held that the employer willfully violated the FCRA by including the liability waiver in the disclosure, finding that no reasonable interpretation of the statute would allow any language besides a disclosure and authorization.


Our firm represents job applicants subject to background checks.  The Fair Credit Reporting Act governs all consumer reports including employment and housing background reports.

 

https://www.natlawreview.com/article/supreme-court-will-not-hear-ninth-circuit-decision-regarding-willful-violations-fcra


Archived Posts

2019
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016


Contact us online to get started today



© 2019 Law Office of Adam G. Singer, PLLC | Disclaimer | Attorney Advertising
60 E. 42nd St., Suite 4600, New York, NY 10165
| Phone: 212.842.2428
75 Montebello Road, Suffern, NY 10901
| Phone: 212.842.2428
445 Hamilton Ave., Suite 1102, White Plains, NY 10601
| Phone: 212.842.2428

About | Practice Areas | FAQ | Consult Request

Law Firm Website Design by
Amicus Creative