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Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

USA - October 6 2022 A May 2021 court decision in California, All of Us or None v. Hamrick, caused significant background check delays in some California county courts…

Wendy Buckingham, William J. Simmons

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About FCRA Compliance

USA - April 21 2022 The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. Most lawsuits asserting Federal Claims…

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

USA - April 6 2022 On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing…

William J. Simmons

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

USA - March 21 2022 Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts…

Garrick Y. Chan

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

USA - September 27 2021 As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class…

Garrick Y. Chan