Court Decision and Class Action Filings Calls for Employers to Review Disclosure and Authorization - A Creative Services, Inc. Compliance Corner Article

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Court Decision and Class Action Filings Calls for Employers to Review Disclosure and Authorization


A recent decision out of the 9th Circuit Court of Appeals overturned the district court’s decision relating to the disclosure form that consumers sign to consent to a background investigation. This along with a number of class action lawsuits relative to disclosure and authorization forms are prompting employers to review their disclosure and authorization forms.

CSI has recently updated sample disclosure and authorization forms as well as applicable state notice samples. These sample forms can be viewed here.

Sample Applicant Management Center Online Disclosures and Authorization Forms

For clients using Sample Electronic Disclosure and Authorization Forms through CSI’s Applicant Management Center (AMC), these sample disclosures and authorization as well as applicable state notices will be integrated into the AMC.

Sample Paper or Electronic Disclosures and Authorization Forms

Clients using paper or electronic versions of Sample Disclosure and Authorization Forms being distributed directly to applicants/employees will find updated versions of Sample Disclosures and Authorization Forms as well as applicable Sample State Notices on our website at

What Should Employers Do?

  • Review your current disclosure and authorization forms for FCRA compliance.
  • Check to ensure any applicable state disclosures are not included on the FCRA disclosure forms.
  • Train all hiring managers, recruiters and HR staff on any newly implemented forms.
  • Consult with your legal counsel or labor law attorney as necessary.

Information provided should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.

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