On 6/26/15, Stephan Zouras, LLP and Nichols Kaster, PLLP filed a complaint against NCR for violating the Fair Credit Reporting Act (FCRA.)
Plaintiffs allege NCR violated the FCRA by failing to provide a stand-alone disclosure authorizing NCR to obtain a consumer report.
If you work for NCR and would like more information on your rights, contact us.
Stephan Zouras represents employees who were subjected to improper credit, criminal and other background checks.
Oftentimes consumer reports are inaccurate and can adversely affect those applying for jobs, credit or housing. The FCRA was enacted to protect consumers, with intentions to ensure confidentially, accuracy and proper utilization of consumer reports.
The FCRA requires that all companies conducting consumer reports before employment must acquire the applicant’s authorization on a stand-alone disclosure. The disclosure must be clear and contain only a notice regarding the consumer report.
Adding additional language to what should be a stand-alone disclosure can be confusing and misleading.
The authorization must also be separate from the job application and should never ask employees to waive any rights. This and any other language makes the disclosure illegal and non-binding.
Other violations of the FCRA include:
- Failing to inform if a consumer or credit report has been used to deny credit, insurance or employment
- Failing to provide a copy of the report when requested
- Failing to acquire consent prior to requesting a consumer or credit report
In addition to the FCRA, there are many state consumer reporting laws that provide additional rights. For example, in Illinois employers cannot discriminate against job seekers because of their credit history.
Companies that willfully violate these rules are exposed to civil liability and monetary damages.
For more information on your rights, contact us.