New 9th Circuit opinion on Fair Credit Reporting Act

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.

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