Ninth Circuit Rules that Disclosures Containing Waivers Violate the FCRA

For the past 5 years, has reported rulings of district courts around the country that have ruled that found in §604(b)(2)(a). Now, for the first time,

In , the court held that “in light of the clear statutory language that the disclosure document , a prospective employer’s violation of the is ‘willful’ when the employer includes terms in addition to the disclosure, such as the liability waiver here, before procuring a consumer report or causing one to be procured.”

This ruling is . an opinion by an appellate court is binding on all of the district courts in that circuit. Therefore, . Other courts across the country may also choose to follow the ruling, but are not required to. , this case stands for the point that and the plaintiff does not need to prove anything else to win his case.

The Court explained that the It continued by saying that no reasonable person could conclude that the provision allows the inclusion of a liability waiver. and “inclusion of a liability waiver in the statutorily mandated disclosure document comports with no reasonable interpretation” of §604(b)(2). Finally, the court ruled that

Because The case will be remanded to the district court to decide the appropriate amount of damages.

Get Started!

Create an Account Now