New Litigation May Further Clarify the FCRA’s Definition of “Consumer Reporting Agency”

An employer’s obligations under the Fair Credit Reporting Act (“FCRA”) are triggered when it obtains a “consumer report” from a “consumer reporting agency” for use in making an employment decision. A federal court in the Middle District of Florida is set to rule on a summary judgment motion clarifying whether a business that transmits public records unaltered to a prospective employer is a “consumer reporting agency”.

In Lyttle v. Trulieve, Inc., et al., 8:19-cv-02313 (M.D. Fla.), Trulieve hired the firm Personal Security Concepts to obtain public records of applicants from two Florida state agencies and retransmit those public records in unaltered form back to Trulieve for review. The plaintiff was an applicant offered conditional employment that was later rescinded after Trulieve received these public records. Plaintiff claims that in doing so, Trulieve used “consumer reports” in making an employment decision without securing his prior approval as required by the FCRA. Plaintiff seeks to bring claims on behalf of himself and a class of similarly situated individuals.

Last week, Trulieve filed a motion for summary judgment asking the court to dismiss the suit because Personal Security Concepts is not a “consumer reporting agency,” as defined by the FCRA, as a matter of law. FULL ARTICLE

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