Interested in training for your team? Click here to learn more

New CFPB Guidance on AI Worker Surveillance: Navigating New Tracking Technologies and FCRA Compliance Challenges

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, January 29, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Wednesday, January 8, 2025

or call 1-800-926-7926
Add to your calendar

This CLE webinar will examine recent Consumer Financial Protection Bureau (CFPB) guidance cautioning employers on the use of AI and other technology to track, assess, and evaluate workers to be sure they are doing so in compliance with the Fair Credit Reporting Act (FCRA). The panel will discuss FCRA requirements for employers generally and address new FCRA compliance challenges for employers when using advanced technologies and data collection solutions. The panel will also offer best practices to mitigate the risk of FCRA litigation and penalties.

Description

With the advent of artificial intelligence and other tracking technologies, the scope of information that employers may obtain on employees or potential employees has expanded exponentially in recent years. As a result, the CFPB recently issued guidance advising employers about using tracking technology, AI, software, or other outside profiling data for employment purposes to be sure they are doing so in compliance with the FCRA.

While most employers are familiar with FCRA obligations when ordering "consumer reports" (e.g., pre-employment background checks), they should now be aware of whether software they are using and/or information provided by third-party vendors may also implicate the FCRA. The CFPB guidance specifically references "background dossiers" that may be used to make employment decisions including hiring, promotion, and retention. These dossiers can include data from public databases, social media, and productivity tracking software and contain information including criminal history, personal habits and attributes, and even biometric information.

As technology and data collection methods advance, counsel and employer clients should understand when FCRA requirements apply to remain compliant and mitigate the risk of costly litigation and penalties.

Listen as our expert panel examines the CFPB's recent guidance and discusses how new uses of AI and other expansive data collection techniques will impact employer compliance under the FCRA.

READ MORE

Outline

  1. Introduction: FCRA and employment
    1. Consumer reports
    2. Consumer reporting agencies
    3. FCRA obligations applicable to reports for employment purposes
  2. Advanced technology and AI impact on data collection and reporting
    1. New technological tools and employer uses of employee data
    2. FCRA risks
  3. CFPB guidance
    1. Expanded definition of consumer reporting agencies
    2. Data used for "employment purposes"
    3. Analyzing whether vendor/technology/data is within FCRA scope
    4. Employer obligations
    5. Potential penalties for noncompliance
  4. Best practices for policy development and mitigating risk of FCRA litigation

Benefits

The panel will review these and other important considerations:

  • How has the advent of AI and other technology increased the scope of employee information that may be collected by employers? How are employers using advanced technology to evaluate and track workers beyond the scope of the traditional pre-employment background checks?
  • Under what circumstances does information gathered on employees or potential employees fall within the scope of the FCRA? What are the FCRA's requirements for employers?
  • What are best practices for policy development and mitigating the risk of FCRA litigation?

Faculty

Madia, Mehul
Mehul Madia
Special Counsel
Sheppard Mullin

Mr. Mehul counsels many of the nation’s banks and non-bank financial institutions, lenders, and fintech companies...  |  Read More

Additional faculty
to be announced.
Attend on January 29

Early Discount (through 01/08/25)

Cannot Attend January 29?

Early Discount (through 01/08/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video