Legislative Alert - Friday, August 26th, 2016: Frito-Lay Settles FCRA Suit

About 3 min

Legislative Alert - Friday, August 26th, 2016: Frito-Lay Settles FCRA Suit

Screening News

  • Frito-Lay Settles in FCRA Fight
  • Waffle House Appeals Judge's FCRA Decision
  • Colorado Schools Struggle with Medical Marijuana Rules
  • Recreational Pot Coming to California?

Frito-Lay Settles in FCRA Fight

One of the nation’s largest snack makers has agreed to pay nearly $1 million to settle a class action lawsuit. Frito-Lay was accused of making employment decisions based on consumer reports without following the FCRA’s adverse action requirements. Nearly 3,000 class members claim they were denied notice and time to correct mistakes on their consumer reports. Each will receive approximately $200 under the settlement.

Waffle House Appeals Judge’s FCRA Decision

A Florida federal judge refused to toss a proposed class action against Waffle House saying there was enough evidence to send the case to a jury. The breakfast giant had asked that the case be dismissed or at lease sent to arbitration. Now the company plans to appeal the judge’s decision. Lead plaintiff William Jones’s original complaint claimed that Waffle House conducted a background check on him and then used incorrect information to deny him a job. There was no adverse action process. The background report was from a company called Public Data, that Waffle House claims is not a Consumer Reporting Agency, and is therefore not subject to the FCRA.

Colorado Schools Struggle with Medical Marijuana Rules

Earlier this year Colorado passed “Jack’s Law” which allows students with valid prescriptions to used medical marijuana during school. Schools have two options: either write a policy with instructions on how non-smoked cannabis will be administered on campus, or, if they don’t create a policy, parents or a designated private caregiver would have no limitations on giving the drug during the school day. Each district has to decide which direction they want to go. Denver Public Schools, however, are refusing to write any kind of policy because marijuana is still in violation of federal law.

Recreational Pot Coming to California?

Proposition 64 will appear on California’s ballot this November. If passed, the “Control, Regulate and Tax Adult Use of Marijuana Act” would allow adults to possess, transport and purchase up to one ounce of marijuana. They would also be allowed to grow up to six plants for recreational use. Prop 64 doesn’t just legalize the drug’s use, but it also allows local governments to ban marijuana businesses or confine them to specially zoned areas. It would not change employers’ rights to maintain a drug-free workplace.


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