On Friday, the Ninth Circuit Court of Appeals, deciding an issue of first impression in the federal courts of appeals, held that a prospective employer violates the Fair Credit Reporting Act by providing a job applicant with a disclosure that “a consumer report may be obtained for employment purposes” that simultaneously serves as a liability waiver for the prospective employer and others. The panel also held that, in light of the clear statutory language that the disclosure document consist “solely” of the disclosure, a prospective employer’s violation of the Act is “willful” when the employer includes terms in addition to the disclosure, such as the liability waiver here, before procuring a consumer report or causing one to be procured.
The opinion in the case, called Syed v. M-I, LLC, is here.
