Challenge to Requiring FCRA Consent

A plaintiff who was allegedly fired for refusing to sign a consent to her employer obtaining a report under the Fair Credit Reporting Act has survived a motion to dismiss her complaint according to a story in the Harrisburg, PA Patriot News. Depending on the scope of the request and the ultimate outcome of the case, employers could end up in a catch 22, since any information obtained from a third party in the business of gathering such information requires the employee's consent. Plaintiff's counsel is Clifford A. Rieders, the former President of the Pennsylvania Trial Lawyers Association and the counsel for the Defendant, Vincent Candiello, is the chair of the Labor and Employment Law Section of the Pennsylvania Bar Association. This is one to stay tuned to.