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Are Employers Violating Applicants’ Fair Credit Reporting Act Rights When They Obtain An Applicants Consumer Report?

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When you applied for your job, how many forms did you sign? Oftentimes employers force applicants to sign a multitude of forms that allow employers access to an employee’s personal and private information.

A recent trend of employers is to include language in one of their many forms which authorizes them to obtain consumer reports on you, including criminal background checks, credit checks, and other similar reports. Most applicants sign these forms without realizing that their potential employer has violated their rights under the Fair Credit Reporting Act. But what is the Fair Credit Reporting Act?

The Fair Credit Reporting Act (“FCRA”) states that an employer “may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer unless” it is made clearly and conspicuously in a document that solely consists of the disclosure. This means that if you did not sign one single form that requested your consumer report, then the employer has violated your rights under the FCRA.

What can you do if you think your rights have been violated under the FCRA? Webb Law Group, APC, together with Olsen Law Offices, APC, are currently pursuing a proposed class action on behalf of employees and applicants who applied for employment and whose consumer report was obtained by their employer or potential employer without appropriate disclosure from the employer that the consumer report may be obtained and without obtaining a valid, signed authorization form prior to obtaining these reports.

If you feel that your rights under the FCRA were violated when you were applying for employment, you may be eligible to join this class action. For more information on how to join this class action lawsuit, please contact our office today to schedule a consultation with one of our employment class action attorneys.

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About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.