Employer Can Bundle Authorization
In a class action complaint an employee contended his employer violated the Fair Credit Reporting Act (“FCRA”) by providing a FCRA disclosure simultaneously with other employment materials and failing to place a FCRA authorization in a standalone document. The authorization appeared at the end of the job application, and included other notices, waivers and agreements unrelated to acquiring the consumer credit report. Noting that while this was a novel approach to an alleged FCRA violation, a Ninth Circuit panel held this practice does not constitute a violation of the FCRA. The Act specifically does not prohibit the presentation of the disclosure together with other application materials. Thus the co-presentation of the disclosure and an authorization did not render the disclosure not clear or not conspicuous.