No proof of harm needed – just a paperwork slip-up in the hiring process
California just made it easier to sue employers over background check paperwork – and the employer does not even need to have caused real harm.
A state appeals court ruled on June 4, 2026, that workers can bring Fair Credit Reporting Act claims in California courts without proving they suffered a concrete injury. The FCRA is the federal law that governs how employers disclose background checks to applicants and obtain their written authorization. The decision reverses a decertification order against a class action targeting CRST Expedited, a trucking company, and returns the case to the trial court.
The facts are straightforward. Terry Askins applied online for a job at CRST. The company gave him a document during the application process disclosing it would run a background check, then conducted checks on him before and during his employment. Askins later filed a class action arguing that CRST's disclosure and authorization forms did not comply with FCRA requirements. He submitted evidence that the forms were lengthy, confusing, and contained extraneous information, and that he was not aware CRST would conduct a background check.
The trial court initially certified the class, but later granted CRST's motion to decertify it. The court relied on a 2022 decision, Limon v. Circle K Stores, which held that an FCRA plaintiff must show a concrete injury to have standing. Because Askins's confusion about the...
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