California employers may not obtain an investigative consumer report to aid them in making employment decisions without complying with the Investigative Consumer Reporting Agencies Act (ICRAA). (Civ. Code, § 1786, et seq.) An employer who fails to comply with any of ICRAA’s requirements is liable to the consumer who is the subject of the report for “[a]ny actual damages sustained . . . as a result of the failure or, except in the case of class actions, ten thousand dollars ($10,000), whichever sum is greater.” (§ 1786.50, subd. (a)(1), italics added.) We hold ICRAA, by its plain language, authorizes consumers to recover the statutory sum as a remedy for a violation of their statutory rights, without any further showing of injury. We thus conclude the trial court erred when it required a consumer to demonstrate a concrete injury, such as an adverse employment decision, to establish ICRAA standing and reverse its grant of summary judgment in favor of the employer.
New Trial for Historical 19 Year Long Employment Law Class Action
This is a wage-and-hour class action that, as the court itself observed, has outlasted nearly every comparable case in California history — the original complaint
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