Background Screening

Representative Experience

Compliance Counseling for Consumer Reporting Agencies, Information Companies, and End Users

  • Advise consumer reporting agencies and other entities on the Fair Credit Reporting Act (FCRA) and state consumer reporting laws, as well as the Driver’s Privacy Protection Act (DPPA), Gramm-Leach-Bliley Act (GLB), and state analogs to the FCRA, DPPA, and GLB.
  • Advise organizations regarding their background screening programs, including FCRA compliance as well as compliance with the Equal Employment Opportunity Commission’s guidance on the use of criminal history records, Ban the Box laws, and other state consumer reporting requirements and restrictions.
  • Advise on and draft compliance-related documents, such as disclosure and authorization notices and adverse action notices.
  • Advise organizations on data breaches, security incidents, and breach notification requirements related to personal data.
  • Assist clients with drafting and revising service and vendor agreements.
  • International Compliance:
  • Advise organizations on international privacy and data protection requirements related to processing of personal data, including cross-border transfers of personal data.
  • Assist organizations with self-certification under EU-U.S. Privacy Shield and other cross-border transfer mechanisms.

Defense of Consumer Reporting Agencies and Information Companies in Litigation and Arbitration

  • AGG attorneys advise clients regarding pre-litigation demand letters and have represented or are engaged in ongoing representation of consumer reporting agencies and information companies, both large and small, in the following types of litigation:
  • Nationwide class actions alleging:
  • failure to maintain reasonable procedures to assure maximum possible accuracy
  • failure to provide contemporaneous notice or maintain strict procedures
  • Individual actions alleging a broad array of FCRA violations
  • non-compliance related to file disclosures or reinvestigations
  • Indemnification demands and claims
  • Breach of contract claims

Defense of Employers and Other Users of Consumer Reports in Litigation and Arbitration

  • AGG attorneys advise clients regarding pre-litigation demand letters and have represented or are engaged in ongoing representation of consumer reporting agencies and information companies, both large and small, in the following types of litigation:
  • Alleged failure to provide a copy of the report and a notice of consumer rights under the FCRA.
  • Alleged failure to provide proper disclosures or pre-adverse action notices under the FCRA.

Defense of Furnishers in Litigation and Arbitration

  • Represented major credit card company in multiple matters alleging failure to comply with furnisher obligations under the FCRA.

Government and Congressional Investigations

  • Represent consumer reporting agencies and information companies in FTC and CFPB matters, including in defense of Consumer Investigative Demands (CIDs), Access Letters, and Warning Letters.
  • Represented consumer reporting agencies in congressional investigations.

Legislative Advocacy Before the U.S. Congress

  • Represented and advocated on behalf of NAPBS, consumer reporting agencies, and others on legislation affecting the background screening industry and consumer reporting under the FCRA and other statutes.

Speaking Engagements

  • AGG attorneys are frequently invited to speak at conferences and seminars, before client advisory boards, and on webinars on topics of interest to the background screening industry from both a consumer reporting agency’s perspective as well as the end-user’s perspective. Please refer to our attorneys’ bios for more information.