As background screening becomes increasingly prevalent for hiring and retaining employees and making credit, tenancy, insurance, and other related decisions, the associated legal requirements have become more complex than ever and pose increased risks of litigation and enforcement actions. Our experienced team works with companies in the background screening industry, and with employers, landlords, and others engaging the services of screening companies, to successfully navigate this legal and litigation environment.
When clients face individual, class action, and other forms of litigation under the Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC) enforcement actions, or scrutiny by the Equal Employment Opportunity Commission (EEOC), we are there to provide strong, practical representation at a local, state, and federal level. Over the years our team and representation of clients has grown as we’ve dedicated more time to the industry and developed this team at the firm. We strive to be experts in this industry and our knowledge of the industry, business operations, and the multiple entities involved in this space inform our legal counsel and litigation work.
When litigation occurs, we work with our clients to limit the scope of potential risk through early resolution initiatives. In fact, our proactive approach has resulted in our clients being dismissed from class action lawsuits prior to the need for any motion practice, or through motion practice before full discovery has been completed. And when an early resolution is not possible or desirable, we know how to aggressively and efficiently litigate cases though discovery, trial, and appeal. Our experience is nationwide and we regularly handle single-plaintiff and class action litigation on behalf of background screening industry companies, employers, landlords, and others.
Our attorneys have served as national legislative counsel to the National Association of Professional Background Screeners (NAPBS), now the Professional Background Screening Association (PBSA). We actively participate within PBSA and its committees. We serve as counsel for the Consumer Data Industry Association (CDIA) and regularly speak and appear before the FTC, EEOC, U.S. Commission on Civil Rights, and U.S. Chamber of Commerce on issues that impact the industry. Members of our team include partners who previously were attorneys at the FTC.