Background Screening CRAs: How to Effectively Conduct Discovery and Attack the Reasonableness of the CRAs’ Criminal Record Matching Procedures

While more than 20 million U.S. jobs were wiped out in April 2020 during the COVID-19 lockdown, the unemployment rate has begun to fall in recent months as the economy begins to reopen. This means millions of Americans will be applying for jobs and undergoing employment background checks. Employment and tenant screening CRAs routinely mismatch people, omit crucial information about a case, provide misleading information, and misclassify offenses when preparing consumer reports in the form of employment and tenant screening background checks. Trying to apply for and gain employment during a global pandemic is tough enough, and the last thing prospective employees need is inaccurate criminal record information showing up in their employment screening background check reports.

If you are litigating FCRA cases against some or all of the main players in the employment and tenant screening worlds, you need to understand how to effectively conduct discovery to increase your settlement leverage, prevail on your claims at summary judgement, and ultimately win at trial. This webinar will provide an overview of the important information and documentation you need to request and obtain in discovery, and it will provide practical advice on how to approach both written and deposition discovery for FCRA practitioners at the Intermediate level.

What You Will Learn

• How to identify the critical documents you need to prove your case
• What documents are ripe for motions to compel and when you should move to compel the production of certain critical documents
• How taking depositions and asking the right questions can help you gain leverage and increase the overall value of your case

Speaker

Hans Lodge is senior counsel at Berger Montague, leading the firm’s individual FCRA practice. Hans has litigated numerous individual and class cases throughout the country. Hans is a zealous advocate and is dedicated to protecting the rights of consumers in and out of court. Hans assists consumers who have been denied jobs or housing due to inaccurate criminal history information reporting in their employment and tenant screening background check reports. Hans also assists consumers who have been denied credit due to inaccurate information reporting in their credit reports. Hans is an aggressive and strategic litigator who has a reputation of working tirelessly to get favorable outcomes for his clients.