A Small Step Toward 'Employee' Clarity For FCRA
Partners Cindy Hanson, David Anthony, Alan Wingfield and Tim St. George and associate Patrick Dillard were published in Law360 for their article titled, “A Small Step Toward ‘Employee' Clarity For FCRA.” The article discusses the impact of the decision in Smith v. Mutual of Omaha Insurance Company , where the United States District Court for the Southern District of Iowa ruled the plaintiff could not advance his putative class action under the Fair Credit Reporting Act if he qualified as an independent contractor rather than an employee. They concluded that, “Given the uncapped liability and strict procedural requirements it imposes, the FCRA will continue to be an attractive target for plaintiffs. The Smith decision provides additional support for defendants fighting FCRA suits with respect to reports obtained on their independent contractors, but the situation remains unsettled.”