United States Ninth Circuit

In a class action filed under the Fair Credit Reporting Act and presenting question of first impression in the federal courts of appeals, the district court's dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) is reversed where: 1) a prospective employer violates 15 U.S.C. section 1681b(b)(2)(A) when it procures a job applicant's consumer report after including a liability waiver in the same document as a statutorily mandated disclosure; and 2) in light of the clear statutory language that the disclosure document consist 'solely' of the disclosure, a prospective employer's violation of section 1681b(b)(2)(A) 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.

Appellate Information

• Published 2017/01/20

Judges

• WARDLAW

Court

• United States Ninth Circuit

Counsel