FCRA Class Action Employment Litigation: Best Defense Strategies

Summary

This practice note provides guidance on defending increasingly prevalent Fair Credit Reporting Act (FCRA or the Act) employment class actions. The FCRA regulates the preparation, procurement, and use of "consumer reports." The Act defines consumer report broadly. The term covers almost any communication about a consumer from a consumer reporting agency (an entity that assembles or evaluates consumer information for a profit or on a cooperative non-profit basis) that is used to evaluate the consumer's eligibility for things like credit, insurance, and importantly, employment. 15 U.S.C. §§ 1681a(d), (f).