Illinois Becomes the Second State to Enact Broader Regulations on AI
Illinois Governor J.B. Pritzker signed House Bill 3773 into law on August 9, 2024, expanding the state’s regulations on the use of artificial...
With Verified Credentials' mobile-first candidate experience, you meet candidates where it's most convenient. Learn how easy we make it.
Ongoing monitoring of driving records can help employers avoid risk and improve driver safety. Learn about the benefits of adding Verified Credentials' newest solution to your screening strategy.
Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.
Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.
Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.
Home improvement store Lowe’s is accused of violating the FCRA. The claims are part of a putative class action suit filed in the Western District of North Carolina.
According to the complaint, Lowe’s offered Anthony Hale a sales position contingent on a background check in March 2020. After the offer, Hale stopped applying for jobs and even turned down a job at another home improvement store. But in April, Hale received a text message from a Lowe’s employee that his background check didn’t pass. Hale responded to the message requesting a copy of his report. He alleges that he never received a copy of the report or the FCRA summary of rights. The complaint alleges that:
Simply put, Defendant violated [the Fair Credit Reporting Act (“FCRA”)] because, before taking adverse action against the Plaintiff, it did not provide him either with a copy of his consumer report or with the summary of rights required under [the FCRA].
As we have previously discussed, the FCRA has specific requirements for employers who are thinking about taking adverse action against a candidate based, in whole or in part, on information from a background report. This includes, but is not limited to, providing the candidate with a copy of both the background report and written summary of rights under the FCRA before taking adverse action against the candidate.
Hale’s complaint aims to highlight more than just his experience. The complaint outlines a proposed class of others impacted by Lowe’s background check procedures. The proposed class includes all consumers in the United States who over the last five years:
The complaint claims that Defendant’s alleged violations of the FCRA were willful.
The foregoing violations were willful. Defendant acted in deliberate or reckless disregard of its obligations and the rights of Plaintiff and other Pre-Adverse Action Class Members under [the FCRA].
The complaint states that Lowe’s previously settled a nationwide class claim for alleged violations of the FCRA and should be on “heightened notice of [the FCRA’s] requirements as a result of the… litigation”.
This is the second time Defendant has been sued for nearly identical violations of the FCRA, making its FCRA violations alleged herein particularly egregious and willful.
Hale’s complaint states that this, among other things, is proof the company’s alleged violations of the FCRA were “willful.”
This case was only filed in February 2022 and is still in its early stages. At this point in the litigation, the allegations against Lowe’s remain only allegations. Verified Credentials will continue to monitor the case status and release updates.
Illinois Governor J.B. Pritzker signed House Bill 3773 into law on August 9, 2024, expanding the state’s regulations on the use of artificial...
Montana has joined the growing list of consumer data privacy laws enacted throughout the country, creating new guidelines for consumer data privacy. ...
Signed into law on September 12, 2024, New Jersey enacted a new background check bill that mandates criminal history background checks for a broader...
Transportation service giants Uber and Lyft have faced a fair share of attention related to their drivers. Buckley v. Uber claim both rideshare...
It might be time for spring cleaning to ensure your business complies with updated background screening laws. The Consumer Financial Protection...
If you use a third-party agency to provide you with background reports (which are also referred to as “consumer reports”), you may want to...