An employer’s violation of the FCRA’s rigorous framework for the proper use of a background check can be subject the employer to monetary penalties ranging from $100 to $1,000 plus attorneys’ fees for “willful” violations, and actual damages plus attorneys’ fees for “negligent” violations.
Additionally, if the employer violated the FCRA with respect to numerous potential employees, a class action lawsuit may be the appropriate enforcement tool to hold the employer accountable. In 2018, Uber settled an FCRA class action lawsuit for $7.5 million for purportedly conducting background checks without giving proper notice and or obtaining the required authorization. In another, similar case, Amazon was forced to settle an FCRA class action lawsuit for $5 million.