Syed v M-I, LLC
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 the challenged action and redressable by a favorable ruling," as defined by Article III of the US Constitution.
Please read more by clicking here. "Employer Commits Willful Violation of Fair Credit Reporting Act by Including Waiver in Statutorily Mandated Disclosure," by Kimberly Dobson | Jackson Lewis P.C. | JD Supra
And here. "Ninth Circuit Breaks New Ground, Addresses Standing and Extraneous Content in Background Check Disclosure Forms/Screens," by Gustavo A. Suarez, Jennifer P. Woodruff, James R. SilversOgletree | Deakins, Nash, Smoak & Stewart, P.C. | The National Law Review
