June 9th, 2015 Avis was hit was a class action lawsuit over alleged FCRA Violations. The lead plaintiff, Angela Fuller, states she was denied a position with Avis based off a background check that she never received until after she was denied the position and that Avis did not provide Fuller with a standalone disclosure. The car rental company agreed to $2.7 million in a settlement. Please read more here: Avis Settles FCRA Background Check Lawsuit for $2.7 Million | The Consu

The Federal Trade Commission has published new, non-binding guidance for required background check disclosure and authorization forms. With rising litigation in the industry, the FTC advises employers that disclosure and authorization forms should be clearly worded and not contain "complicated legal jargon" or "extra acknowledgements or waivers". The FTC advises that the excessive language makes it harder for a prospective employee to understand the purposes of the document

The Ninth Circuit held that the inclusion of a liability waiver in the same document as the disclosure required by the FCRA is a violation. The Ninth Circuit, which controls only Alaska, Arizona, California, and Hawaii, has held that the inclusion of a liability waiver as a part of a background check disclosure form is a willful violation of the FCRA. A willful violation that results in injury, which is "concrete, particularized and actual or imminent; fairly traceable to th

Section 604(b)(2) of the FCRA states: “Disclosure to Consumer. (A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless – (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a co