“Concrete Injury” Is Not Required To Establish FCRA Violation

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Askins v. CRST Expedited, Inc. , 120 Cal. App. 5 th 1190 (2026) Terry Askins applied online for a position with CRST, a trucking company. During the application process, CRST provided Askins with a disclosure form and indicated that a background check would be performed on him. Both before and during his employment, CRST conducted background checks on him. Askins filed a putative class action on behalf of all current, former and prospective applicants of CRST asserting that CRST conducted background checks without providing legally compliant disclosure and authorization forms. The trial court granted class certification but subsequently decertified the class based on the holding of Limon v. Circle K Stores, Inc. , 84 Cal. App. 5 th 671 (2022), which held that a plaintiff must be able to allege a “concrete injury” to establish standing under the Fair Credit Reporting Act (FCRA). In this opinion, the Court of Appeal reversed the trial court’s order decertifying the class after concluding that, contrary to Limon , the FCRA does not require a concrete injury for standing.

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“Concrete Injury” Is Not Required To Establish FCRA Violation

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