FCRA Class Actions in Employment on the Rise: Avoiding and Defending Claims

Drafting Policies and Procedures for FCRA Compliance, Leveraging Class Litigation Defense Strategies

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, January 20, 2016

Recorded event now available

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Program Materials

This CLE webinar will equip employment counsel with best practices to prevent and defend against Fair Credit Reporting Act (FCRA) liability in the workplace. The panel will review statutory requirements, best practices for developing background check policies and class action defense techniques.


Employees are increasingly pursuing employers alleging violations of the FCRA. Claimants aren’t just individually pursuing employers, they are filing class suits with millions of dollars at stake. Counsel to all types of employers should be on high alert as these claims and lawsuits span a variety of industries.

This type of allegation is particularly frustrating for employers since many of the claims are based on highly technical requirements of the FCRA. Counsel must be prepared to appropriately draft and implement policies including these requirements to mitigate claims and class suits, particularly in the current era of employee-friendly court rulings.

If employees file a class suit, as is happening with increasing frequency, counsel must be well versed in defense theories that will withstand court scrutiny. Failure to properly prepare will cost clients a substantial amount in statutory damages.

Listen as our distinguished panel reviews the FCRA requirements employers must follow, techniques for preventing class actions, defense techniques, and best practices for drafting employer policies such as background checks.



  1. FCRA requirements
  2. Class action prevention techniques
  3. Class action defense techniques
  4. Drafting employment policies


The panel will review these and other key issues:

  • What are the technical FCRA requirements with which employers must comply?
  • What pitfalls lead to violation allegations and how must employers prevent such claims?
  • What are the best practices necessary for drafting employment policies such as background checks?
  • What are the theories available for defending against FCRA class action lawsuits?
  • What types of damages are available for noncompliance with the FCRA’s requirements?


Devata, Pamela
Pamela Q. Devata

Seyfarth Shaw

Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She...  |  Read More

Barry Goheen
Barry Goheen

King & Spalding

Mr. Goheen has served as lead or co-counsel in over 50 class actions in all areas of the law, including antitrust,...  |  Read More

Cindy D. Hanson
Cindy D. Hanson

Kilpatrick Townsend & Stockton

Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of...  |  Read More

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