The number of FCRA (Fair Credit Reporting Act) lawsuits continues to rise, and experts predict this trend may escalate further. Because FCRA lawsuits usually qualify for “class action” status, an employer’s potential exposure can be considerable. Every applicant on which an employer runs a background check—whether or not they are hired or even make it past any screens that are conducted—could potentially be a class-action plaintiff in a FCRA lawsuit. FCRA has a two-year statute of limitations (SoL), and all applications within the applicable two-year period would be eligible.
The Barada Employer Resources page offers a wealth of information, including a sample “Summary of your Rights” document covering the FCRA.
