Gilbert v. Cal. Check Cashing Stores

The panel affirmed in part and vacated in part the district court’s summary judgment in favor of defendants in an action under the Fair Credit Reporting Act, and remanded for further proceedings.

FCRA requires employers who obtain a consumer report on a job applicant to provide the applicant with a “clear and conspicuous disclosure” that they may obtain such a report (the “clear and conspicuous” requirement) “in a document that consists solely of the disclosure” (the “standalone document” requirement) before procuring the report.

The panel held that a prospective employer violates FCRA’s “standalone document” requirement by including extraneous information relating to various state disclosure requirements in that disclosure.The panel concluded that defendant’s form violated this requirement, as well as the “standalone document” requirement of California’s Investigative Consumer Reporting Agencies Act. The panel further held that defendant’s disclosure did not satisfy FCRA’s and ICRAA’s “clear and conspicuous” requirements because, although the disclosure was conspicuous, it was not clear.

The panel addressed additional issues in a concurrently filed memorandum disposition.

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