Ninth Circuit Court of Appeals: FCRA bars background check liability waiver

In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the FCRA. This case was significant because the Ninth Circuit is the first federal appeals court to definitively state that the FCRA “unambiguously bars the inclusion of a liability waiver.” The court also notably held that the employer willfully violated the FCRA by including the liability waiver in the disclosure, finding that no reasonable interpretation of the statute would allow any language besides a disclosure and authorization.

Our firm represents job applicants subject to background checks.  The Fair Credit Reporting Act governs all consumer reports including employment and housing background reports.

https://www.natlawreview.com/article/supreme-court-will-not-hear-ninth-circuit-decision-regarding-willful-violations-fcra