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In the years following the Supreme Court’s decision in
Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) which held that “bare procedural violation[s], divorced from any concrete harm, [do not] satisfy the injury-in-fact requirement of Article III” district courts have had to grapple with the question of standing under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681,
et seq., and in particular, what injuries resulting from an alleged violation of FCRA are sufficiently concrete to invoke Article III standing.
This blog post discusses claims arising under Section 1681b(b)(1)(A) of the FCRA. Under that section, a consumer reporting agency (CRA) may furnish a consumer report to an employer “only if” the employer first certifies that it: (1) “has complied” with the disclosure-to-consumer requirement under Section 1681b(b)(2); and (2) “will comply” with the notice-to-consumer requirement before taking adverse action as required by Section 1681b(b)(3).
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On March 2, 2021, the Governor of Virginia signed the Virginia Consumer Data Protection Act (CDPA) into law, which goes into effect on January 1, 2023. The law applies only to businesses with large amounts of consumer data and does not apply to employee or business-to-business (B2B) data. The CDPA also provides broad exemptions, including for financial institutions subject to the Gramm-Leach-Bliley Act (GLBA) and covered entities and business associates subject to the Health Insurance Portability and Accountability Act (HIPAA). Broad in scope, the CDPA incorporates aspects of the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the EU General Data Protection Regulation (GDPR).
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Employers with operations in California should be vigilant about
compliance with the protections against criminal record
discrimination in the California Fair Employment and Housing Act
(FEHA). The FEHA prohibits employers from inquiring into and using
specific criminal record information. The FEHA also mandates
procedures for evaluating such information and providing notice to
applicants. The Department of Fair Employment and Housing (DFEH) is
ramping up its efforts to enforce these protections, including
exercising its authority to issue investigative subpoenas, written
interrogatories, and requests for production of documents.
Monday, March 8, 2021
Virginia has enacted new privacy legislation that bears similarities to the California Consumer Privacy Act (the “CCPA”) and borrows some concepts from the European Union’s General Data Protection Regulation (the “GDPR”). In February, the Virginia legislature passed the Virginia Consumer Data Protection Act (SB No. 1392) (the “CDPA” or “Act”) and the governor signed the bill into law on March 2, 2021. This makes Virginia the second state in the country after California to adopt a comprehensive consumer privacy law. This article provides an overview of some of the key components of the CDPA.
To whom does the CDPA apply?