On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had “willfully” violated the Fair Credit Reporting Act’s (“FCRA”) “standalone disclosure” requirement. The case is Hebert v. Barnes & Noble, Inc., No. D079038.
The FCRA permits background checks for purposes of employment so long as employers obtain authorization from the person subject to the background check and furnish an appropriate disclosure and comply with certification and notice requirements. FCRA standalone disclosure cases have proliferated in recent years. Of course, an important issue in these cases is whether the employer’s violation is “willful.” The U.S. Supreme Court held in Safeco Ins. Co. of America v. Burr that willfulness under the FCRA requires a plaintiff to show that the defendant’s conduct was “intentional” or “reckless.” Willful violations can lead to recovery of statutory damages ranging from $100 to $1,000 per violation.
A recent decision out of the California Appeals Court addressed the willfulness standard under the FCRA. The plaintiff filed suit in the Superior Court of San Diego County alleging the defendant willfully violated the FCRA by providing job applicants with a disclosure form that included extraneous language unrelated to the topic of consumer reports (i.e., background...
Maui Police Chief John Pelletier’s claims that Mayor Richard Bissen is under criminal investigation are false allegations “in service of a political fight,” Maui County Prosecuting Attorney Andrew ...