In a harrowing legal battle, Baltimore resident April Hurley is suing Jason Billingsley, a convicted felon and registered sex offender, as well as his former employers, Eden’s Homes and Property Pals, for a violent attack that could have ended her life. Hurley's lawsuit claims that both companies were negligent in their hiring of Billingsley, allowing him access to her home despite his extensive criminal history, which includes charges of sexual assault and a violent past. Hurley's story also raises broader concerns about the serious consequences of negligent hiring and retention practices, and how background checks could have prevented this incident.

The attack occurred on September 19, when Billingsley, employed as a maintenance worker, entered Hurley’s home on the pretext of addressing a flood in her kitchen. However, the encounter turned violent. Billingsley, who had access to her apartment due to his job, attacked Hurley and left her with a severe neck wound, among other injuries, from which she is still recovering. She survived, but the emotional and physical trauma left her unable to return to work, and she bears visible scars from the incident​.

Six days later, Billingsley’s name would make national headlines when he was arrested for the murder of tech entrepreneur Pava LaPere, whose death was discovered on the rooftop of her Mount Vernon apartment building. LaPere had been strangled and beaten, and Billingsley was identified as the primary suspect. Hurley’s legal team argues that had her assault been handled with the urgency it deserved, the public could have been alerted to the danger Billingsley posed earlier, potentially preventing LaPere's death. Baltimore police initially categorized the attack on Hurley as arson, a decision that Hurley’s lawyer, Malcolm Ruff, criticized for downplaying the seriousness of the crime​.

Billingsley had been released from prison years earlier, following a conviction for a sexual assault that originally carried a 16-year prison sentence. His employers, Eden's Homes and Property Pals, allegedly did not conduct a thorough background check. This lapse in protocol, Hurley argues, allowed a dangerous felon to gain access to her home, highlighting the potential dangers of negligent hiring practices. Hurley’s lawsuit claims the companies are "vicariously liable" under the legal doctrine of respondeat superior, which holds employers responsible for the wrongful actions of their employees if those actions were committed within the scope of employment​.

Key Takeaways on Background Checks and Employment Practices

1. Preventing Negligent Hiring: Had Eden’s Homes and Property Pals conducted even a basic background check on Billingsley, they would have found his violent criminal history, which included a previous sexual assault conviction. This would have flagged him as an unsafe candidate for a role that involved access to residents' homes. Background checks are an essential step in preventing negligent hiring, ensuring that individuals with a propensity for violence or misconduct are not placed in positions of trust and access.

2. Combatting Negligent Retention: Periodic rechecks of employee backgrounds are crucial in combatting negligent retention. Even if an employee has been hired without issue, subsequent criminal activity or misconduct should be grounds for reassessment. In Billingsley’s case, had there been ongoing monitoring or re-evaluation, it’s possible that any subsequent warning signs of his behavior could have been identified before the attack on Hurley and the murder of LaPere.

3. Vicarious Liability: Under respondeat superior, employers are legally liable for their employees' wrongful acts if these acts were committed in the course of their employment. This doctrine underscores the importance of thorough vetting processes and emphasizes that employers have a duty of care to protect their clients and residents by ensuring their employees do not pose a threat.

4. Legal Gaps in Background Checks: While Maryland law includes the "Ban the Box" statute, which limits the timing of background checks, there is no state requirement for such checks to be mandatory. This case could reignite debates about the need for more stringent regulations, especially for jobs that involve trust and access to private spaces​.

Hurley's case is a stark reminder of the critical role background checks play in public safety. Negligent hiring and retention are preventable risks that businesses must take seriously to avoid putting employees, clients, and the public in harm's way.

National Public Data, a company specializing in aggregated public data, has confirmed a massive data breach, exposing 2.7 billion personal records, including millions of Social Security numbers. This breach is one of the largest in history and is believed to have originated from a December 2023 hacking attempt, with data finally surfacing on hacker forums earlier this year. The leaked information includes names, Social Security numbers, phone numbers, email addresses, and mailing addresses. In some cases, even outdated records of deceased individuals were exposed.

The breach first came to light when a hacker known as "Fenice" posted the stolen data on a notorious hacking forum. Previously, another hacker, “USDoD,” attempted to sell a similar database for $3.5 million. Now, with this sensitive information widely available, millions of Americans are at risk of identity theft and fraud.

National Public Data has faced at least four class-action lawsuits, accusing the company of failing to safeguard personal information and exposing victims to significant financial and privacy risks. Experts are urging affected individuals to closely monitor their credit reports and be vigilant for signs of fraud, such as unauthorized financial transactions or identity theft​.

How to Protect Yourself

If your information was compromised in the breach, take the following steps to protect your privacy and credit from fraudsters and scammers:

1. Freeze Your Credit: Place a credit freeze with major credit bureaus (Equifax, Experian, and TransUnion) to prevent anyone from opening new accounts in your name.
2. Monitor Credit Reports: Regularly check your credit report for any suspicious activity. You can do this for free once a year through AnnualCreditReport.com.
3. Set Up Fraud Alerts: Contact one of the credit bureaus to set up a fraud alert. This requires creditors to verify your identity before issuing credit in your name.
4. Use Identity Monitoring Services: Services like credit monitoring or identity theft protection can help notify you of unauthorized use of your personal information.
5. Beware of Phishing Scams: Be cautious of emails, phone calls, or text messages asking for further personal details. Scammers often use leaked information to trick victims into providing even more sensitive data.

By taking these steps, you can help mitigate the risk of fraud and protect yourself from the long-term impacts of this unprecedented data breach​.

In today’s rapidly evolving digital landscape, the protection of consumer information is more critical than ever. With increased regulatory scrutiny and rising cases of data breaches, ensuring robust data security has become a fundamental responsibility for companies handling sensitive information. At Edify Background Screening, we prioritize information security and continuously update our policies to safeguard consumer data, aligning with the latest regulations and best practices.

Understanding Our Information Security Framework At EDIFY

At the core of Edify's approach is a comprehensive Information Security Policy, which spans five critical areas:

1. Confidentiality: Access to consumer information is strictly limited to those with a legitimate need, such as authorized employees, vetted vendors, clients, and the consumers themselves. Our team is contractually bound to maintain the confidentiality of all sensitive data.

2. Physical Security: We implement stringent physical security measures, including secure office spaces, locked file cabinets, and monitored computer terminals. Additionally, authorized visitors are always accompanied, ensuring no unauthorized access to consumer information.

3. Electronic Security: Our network infrastructure is fortified to prevent internal and external threats. Data is encrypted during backup processes, and internet access requires secure login credentials with strong passwords and multi-factor authentication.

4. Communication Security: To protect sensitive data during transmission, all consumer information exchanged via our network is encrypted with at least 128-bit SSL encryption, safeguarding email communication and attachments.

5. Portable Electronic Storage Devices: Edify prohibits the storage of consumer information on portable devices outside of our secure premises, further mitigating risks associated with data breaches and unauthorized access.

Compliance with Industry Standards

Our Information Security Policy is designed not only to protect consumer data but also to ensure full compliance with the Fair Credit Reporting Act (FCRA) and other relevant data protection regulations. This commitment to compliance ensures that Edify operates with the highest standards of integrity and transparency, helping our clients maintain trust with their customers.

Key Takeaways for Our Clients To Consider In Their Own Information Secuity Policies 

• Ensure Confidentiality: Limit access to consumer data strictly to those with a legitimate need, and enforce confidentiality agreements with all staff and vendors.
• Physical and Electronic Security: Invest in both physical and digital security measures, such as locked file storage and encrypted networks, to safeguard consumer information.
• Regular Password Updates: Implement policies that require the use of strong passwords, MFA, and mandate regular updates to minimize the risk of unauthorized access.
• Secure Data Transmission: Always use secure methods, such as encryption, when transmitting sensitive consumer data electronically.
• Compliance with Data Destruction Protocols: Follow best practices for securely destroying sensitive data to ensure compliance with FTC rules and other regulatory standards.

By adhering to these practices, businesses can enhance their data protection protocols and reduce the risk of data breaches, thereby safeguarding consumer trust and your organization. 

Daily Status Updates for Background Checks Now Available in Your Client Portal!

At EDIFY Background Screening, we’re always looking for ways to enhance your experience and keep you informed. We’re excited to announce a new feature now available to all clients—Daily Status Updates for outstanding background checks, directly from your Client Portal!

With just a few clicks, you can now access up-to-the-minute information on the status of all your ongoing background checks. Simply log into your portal and select Daily Status from the left-side bar menu. This report provides a clear overview of your pending background checks and their current status.

What makes this feature special?

• Real-time Updates: Track the progress of each background check in real time.
• Delay Alerts: If there’s a delay beyond the standard turnaround times, you’ll see an entry that explains the cause and provides an ETA for when the check is expected to be completed.
• Streamlined Communication: No need to reach out for updates—everything you need is right at your fingertips!

The screenshots below show you exactly how to access the Daily Status updates feature.  

We know timely hiring decisions are critical, and this new feature ensures you stay informed every step of the way. For any questions or additional support, don’t hesitate to contact us at 336-283-0237 or email info@edifyscreening.com . We hope this new tool helps make managing your background checks even easier!