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In addition to his robust pro bono practice, David Esquivel advises clients on investigations and litigation matters mainly in the financial services sector, with a particular emphasis on matters relating to the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful violation of the FCRA. The employee claimed that his employer obtained his credit report unlawfully because the disclosure form he signed did not consist “solely of the disclosure” as required by the FCRA. The Ninth Circuit’s decision reversed the judgment of a California district court, which had dismissed the lawsuit because the complaint failed to allege that the employer’s understanding of its obligation under the FCRA was unreasonable.
Continue Reading In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Employers have long been under an obligation to provide employees and prospective employees with prior written notice that a credit report – a “consumer report” in the language of the Fair Credit Reporting Act (FCRA) – may be obtained about them.  The FCRA specifically requires this notice to be “in a document that consists solely of the disclosure,” although the Act elsewhere clarifies that the disclosure may also contain an authorization by the employee or applicant for procurement of the report.  Recent court decisions, settlements, and new lawsuits have highlighted the importance of ensuring compliance with this provision of the FCRA.
Continue Reading Employers Cautioned to Review Disclosures for FCRA Compliance