A woman applied for a job in the hospitality industry through the online professional networking site LinkedIn.

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A woman applied for a job in the hospitality industry through the online professional networking site LinkedIn. Her interview went well and she was told that she would be hired. Alas, she was not hired. When she pressed the general manager for the reason, he said that the company had “checked some references” and this information had led them to change their decision to hire her. She later learned that the “references” in question came from the employer’s use of LinkedIn’s “Reference Search” function. The Reference Search feature allows users who pay a subscription fee to search for “references” for any LinkedIn member. The Reference Search results provide a list of LinkedIn members who may “have worked at the same company during the same time period as the member [the search initiator] would like to learn more about.” LinkedIn markets this function as a way for potential employers to “[g]et the real story on any candidate” and to “[f]ind references who can give real, honest feedback” about job candidates. The Reference Search results encourage the search initiator to contact the listed references through an “introduction” that LinkedIn provides. LinkedIn does not inform the subjects that these reference searches are being conducted. Is LinkedIn a consumer credit reporting agency under the FCRA? Why or why not? If it is, do it actions violate the FCRA? Why or why not? Sweet, et al. v. LinkedIn Corp., 2015 U.S. Dist. LEXIS 49767 (N.D. Cal.).

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