Pamela Devata

UPDATE ALERT: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA

UPDATE ALERT: Background  Check Disclosure Forms That Contain State-Law  Notices or Improper Grammar Violate the FCRA

Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may violate the FCRA and ICRAA by including “extraneous” state law notices and potentially “confusing” language in background disclosure forms.