| Summary: Plaintiff truck driver filed a class action alleging an employer violated the FCRA's standalone disclosure requirement and authorization requirement for background checks. He alleges that his former employer, a vehicle transportation company, violated the requirements by providing him disclosure forms at the same time he was provided a package of other employment documents, violating the standalone requirement. The three judge panel held that "there is nothing in the Ninth Circuit precedent that prevents businesses from giving applicants a standalone FCRA disclosure 'contemporaneously with other employment documents.'" The panel further clarified that "it is true that FCRA requires 'that a disclosure form contain nothing more than the disclosure itself,' but no authority suggests that a disclosure must be distinct in time, as well." In regards to the plaintiff's claim that the employer's authorization form was not standalone but "tacked" on to the back of other documents, the court said that "as FCRA dictates only that a consumer authorization be 'in writing,' without specifying its format," the employer's "authorization conformed to the requirements of the statute," concluding that there is no "standalone" requirement for the authorization form.
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| Impact(s): FCRA compliance – for general legal review |
