California Court of Appeals Joins FCRA’s Mad Tea Party

By Heidi Siegmund & Bryan A. Fratkin on April 24, 2019

The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks & Resorts. The Culberson court considered two class claims, both of which are now-familiar spindles ready to prick the fingers of unwitting employers. First, Culberson alleged that he received a pre-background check notice from Disney that contained extraneous information,…

Class Action Countermeasures

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

By Heidi Siegmund, Bryan A. Fratkin, Joel Allen, Sabrina A. Beldner, Matthew C. Kane, Christopher M. Michalik & Bruce M. Steen on February 5, 2019

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v California Check Cashing Stores LLC, the court held that an employer violates the FCRA by including, in a pre-background check notice form, information about a job applicant’s rights under various state laws. This decision will require significant revision of many employers’ FCRA…

Password Protected

Warner White Paper Floats Far-Ranging Privacy Proposals

By Heidi Siegmund on September 6, 2018

The convergence of the General Data Protection Regulation and the investigation into Russian interference in the 2016 election has created a perfect privacy storm. Social media platforms’ complacency on this front, and the resulting public backlash, have further amplified the pressure on legislatures to react. Although state legislatures have been quick to do so (most notably California, which passed a sweeping new privacy law in June), Congress has not. Recently, Senator Mark Warner (D-VA) issued…

Password Protected

Trump Privacy Rollback Continues, States Step Up

By Heidi Siegmund on April 19, 2017

On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations. Specifically, the FCC’s rule would have required ISPs to obtain opt-in consent from consumers before using and sharing sensitive information such as geo-location, web browsing history and app usage history. This repeal allows Internet providers to compete with “edge providers” (which were not covered…

Heidi Siegmund

California Court of Appeals Joins FCRA’s Mad Tea Party

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

Warner White Paper Floats Far-Ranging Privacy Proposals

Trump Privacy Rollback Continues, States Step Up

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