News & Analysis as of

Class Action Fair Credit Reporting Act (FCRA)

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Mitratech Holdings, Inc

Understanding Adverse Action: A Guide For HR Professionals

You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more

McGlinchey Stafford

Litigation Byte (June Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Sheppard Mullin Richter & Hampton LLP

CFPB and FTC Argue Consumer Reporting Companies Have an Obligation to Correct Errors in Joint Amicus Brief

On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer who filed disputes with a consumer...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Alston & Bird on

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Troutman Pepper

Data Furnishers Should Watch CFPB Plans for Class Actions

Troutman Pepper on

Information furnishers, beware. A potential rule under consideration by the Consumer Financial Protection Bureau is explicitly aimed at opening a new era of Fair Credit Reporting Act class actions against companies that...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

Ballard Spahr LLP on

Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

Troutman Pepper

Trans Union Settles for $15 million with CFPB and FTC Over Tenant Screening Reports

Troutman Pepper on

A new enforcement action provides more detail on the expectations of the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) for the content of tenant screening reports....more

Akin Gump Strauss Hauer & Feld LLP

Akin Intelligence - September 2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

Troutman Pepper

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

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The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Troutman Pepper

Virginia Federal Court Applies Broad Reading of Military Lending Act’s Statute of Limitation in Dismissal of Borrower Class Action

Troutman Pepper on

In Wood v. Omni Financial of Nevada, Inc., the plaintiffs filed a class action complaint alleging violations of the Military Lending Act (MLA). Specifically, the plaintiffs, two active duty service members who had entered...more

Woodruff Sawyer

GL Coverage for BIPA Lawsuits: A Litigation Update (Part 2)

Woodruff Sawyer on

Why is protecting biometric information so important? Biometrics rely on our physical features to securely gain access to sensitive data—think facial and iris/retina recognition, or fingerprint and even voice scanning. The...more

Orrick, Herrington & Sutcliffe LLP

9th Circuit: Law firm did not violate FCRA by accessing credit report

On March 17, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant law firm that allegedly accessed a plaintiff’s credit report to obtain her current...more

Troutman Pepper

2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast

Troutman Pepper on

Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave,...more

Troutman Pepper

2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus

Troutman Pepper on

Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of The Consumer Finance Podcast in welcoming their guests and fellow Partners Cindy Hanson and David...more

Fisher Phillips

A California Unicorn: Court Issues Favorable Background Check Ruling for Employer in Class Action

Fisher Phillips on

Employers in California are frequently faced with class action lawsuits brought by current or former employees. Oftentimes, these actions are brought for alleged wage and hour violations, but we’ve seen an uptick in suits...more

Robinson Bradshaw

Kelly v. RealPage Inc.: The Third Circuit Lowers the “Heightened Standard” for Ascertainability

Robinson Bradshaw on

Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be...more

Orrick, Herrington & Sutcliffe LLP

District Court gives preliminary approval to $11.5 million FCRA settlement

On January 6, the U.S. District Court for the Northern District of Georgia granted preliminary approval of a $11.5 million settlement in a class action FCRA suit, resolving allegations that a credit reporting agency (CRA)...more

Troutman Pepper

Ramirez Case Reaches Final Approval of Class Settlement

Troutman Pepper on

On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more

McDermott Will & Emery

The 411 on Employment Background Checks in Stock and Asset Transactions

McDermott Will & Emery on

Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

McGuireWoods LLP

Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

McGuireWoods LLP on

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Troutman Pepper

Current Trends in FCRA Litigation - The Consumer Finance Podcast

Troutman Pepper on

Join Troutman Pepper Consumer Financial Services Partner Chris Willis and fellow Partners Cindy Hanson and Tim St. George as they discuss current trends in Fair Credit Reporting Act litigation. Both Cindy and Tim are...more

Ballard Spahr LLP

Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo

Ballard Spahr LLP on

The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily allowed damages as a way...more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

Troutman Pepper on

Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

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