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Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials


Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had provided him a FCRA disclosure statement simultaneously with other employment materials and had failed to provide a standalone FCRA authorization. The district court granted summary judgment to the employer, and the Ninth Circuit affirmed, holding that the FCRA disclosure need not be provided at a point in time that is “distinct” from the time when other employment-related documents are provided to an applicant. The Court also held that the disclosure was “clear and conspicuous,” and observed that “applicants, such as big-rig truckers, can be expected to notice a standalone document featuring a bolded, underlined, capital-lettered heading.” FULL ARTICLE

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