California employer dealing with harsh terms of Fair Credit Reporting Act

Many employers conduct a consumer credit report as part of the application process. Consequently, they owe the applicants several duties under the Fair Credit Reporting Act (FCRA), including the requirement of a “standalone notice” to the individuals about their rights under the statute. As a California court of appeal recently held, it doesn’t take much to allow an FCRA willful violation claim to reach a jury.

The disclosure and nothing but the disclosure

In 2018, Vicki Hebert applied to work for Barnes & Noble. During the application process, the company’s consumer reporting agency, First Advantage, e-mailed Hebert a link to a website that displayed Barnes & Noble’s consumer report disclosure and requested her authorization to procure a consumer report. She clicked the link, viewed the disclosure, and authorized the report.

Barnes & Noble’s consumer report disclosure read as follows: