Tuesday, January 29, 2019

Dilberg v. California Check Cashing Svcs (9th Cir. - Jan. 29, 2019)

Sometimes it's difficult to be an attorney for an organization and to figure out how it should comply with relevant laws.

Sometimes it's not.

The Fair Credit Reporting Act (FCRA) says that if you're an employer who pulls a credit report on applicants for employment, you've got to make a particular disclosure to that applicant contained "in a document that consists solely of the disclosure.”

It's not hard to comply with that.  Make the relevant disclosure in a separate document.  Don't combine it with other stuff.  Use a separate piece of paper.

Sure, it kills some additional trees.  But that's clearly what Congress requires.

Not difficult.

If you fail to figure that out, you can be sued in a class action.

Which is a pain.  And kills a lot more trees.

So just put the thing in a separate document.  You'll be happy you did.