Compliance with the Fair Credit Reporting Act (FCRA) and state laws is increasingly important for businesses that use information obtained during background checks. Now compliance with the range of federal and state laws governing the use of sensitive medical, criminal history, personal or credit and other financial information can result in serious consequences for companies, including class action litigation. Akin Gump Strauss Hauer & Feld LLP’s multidisciplinary FCRA team helps clients navigate the complexities of the law and issues concerning data usage, employment, privacy and security. Our lawyers have served in various roles with the Federal Trade Commission (FTC), Department of Justice (DOJ), the Equal Opportunity Employment Commission (EEOC), and Congress and have a broad understanding of the laws and issues surrounding the FCRA, the Fair and Accurate Credit Transactions Act of 2003 (FACT Act) amendments and related state laws. We are also experienced in advising and representing clients against adverse actions based on information obtained from consumer reports or identity theft.
Akin Gump offers clients advice and solutions in areas such as:
- Enforcement: Counseling clients regarding their use of consumer reports and compliance with the FCRA obligations, as well investigations and actions brought by the EEOC, FTC and DOJ. This includes drafting disclosure and authorization forms that comply with the FCRA.
- Class Action Litigation: Defending companies in a wide range of industries, including health care, retail, hospitality, insurance, financial and telecommunications, in FCRA-related class actions, including notice and authorization aspects of the FCRA
- Privacy/Data Security: Helping clients navigate the regulatory requirements related to privacy and data security, including advising clients on the collection, use, protection and dissemination of consumer information as well as assisting clients with data breach preparedness and response efforts, and related investigations and litigation
- Labor and Employment: Advising employers regarding compliance with requirements of the FCRA and relevant state laws when obtaining criminal and credit history information for use in employment decisions, and defending EEOC-related matters and litigation filed by private parties.
- Policy: Advocacy before Congress and counsel regarding state legislation on behalf of companies in issues related to the FCRA and protection for businesses
- Appellate: Representing businesses before federal courts of appeals, state supreme courts and state courts of appeal in class actions involving data breaches, privacy violations and similar claims, including a successful argument before the 8th Circuit on behalf of a major retailer in a matter concerning an amendment to the FCRA under the FACT Act that requires vendors to truncate credit card numbers on printed receipts. Our lawyers have argued 13 Supreme Court cases since 2008.