News & Analysis as of

Fair Credit Reporting Act (FCRA) Damages

Orrick, Herrington & Sutcliffe LLP

Supreme Court agrees with Third Circuit that consumers may sue “any” government entity under FCRA

On February 8, the Supreme Court of the United States unanimously decided that a consumer can sue any government agency—in this case the U.S. Department of Agriculture (USDA)—for damages for violating the Fair Credit...more

Sheppard Mullin Richter & Hampton LLP

CFPB Brings String of Enforcement Actions to Round Out 2023

In December, the CFPB brought a series of three separate enforcement actions against several financial services companies alleging a range of violations of federal consumer protections laws....more

Carlton Fields

Third Circuit Affirms Order Denying Motion to Compel Arbitration After AAA Declines to Administer Arbitration

Carlton Fields on

The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more

McGlinchey Stafford

Eleventh Circuit Holds a Showing of Actual Damages Is Not Required to Recover Statutory Damages Under the FCRA

McGlinchey Stafford on

In Santos v. Healthcare Recovery Group, LLC, Plaintiffs Omar Santos and Amanda Clements sued Experian for allegedly willfully violating the FCRA by failing to follow reasonable procedures to ensure the accurate preparation of...more

Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

Troutman Pepper on

A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...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

Using Expert Witnesses in FCRA Cases - FCRA Focus

Troutman Pepper on

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Jessica Lohr as they discuss the use of expert witnesses in FCRA cases. During this episode the team covers a multitude of relevant topics,...more

King & Spalding

Supreme Court Shakes Up Law Of Article III Standing In Transunion Llc V. Ramirez; Eleventh Circuit To Grapple With Decision In...

King & Spalding on

It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 1, 2020

Carlton Fields on

Real Property Update - Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more

Proskauer - Advertising Law

Ninth Circuit Clarifies Standing Requirements for Damages Classes

In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial...more

Womble Bond Dickinson

U.S. Supreme Court Denies Certiorari Review in FCRA Sovereign Immunity Case, Cementing Circuit Split

Womble Bond Dickinson on

On Monday, the United States Supreme Court denied certiorari review of a Fourth Circuit Court of Appeals decision that the federal government is immune from civil liability for claims brought under the Fair Credit Reporting...more

Ballard Spahr LLP

CFPB files lawsuit against companies and individuals involved in offering student debt relief services

Ballard Spahr LLP on

The CFPB filed a complaint last week in a California federal district court against several companies and individuals involved in offering student loan debt relief services for allegedly obtaining consumer reports unlawfully,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 17, 2019

Carlton Fields on

Real Property Update - Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more

Perkins Coie

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports

Perkins Coie on

The federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes. A “consumer report” is one that has information bearing on the...more

Womble Bond Dickinson

Damages are no slam dunk in FCRAland

Womble Bond Dickinson on

As basketball season arrives, the United States District Court for the Eastern District of Kentucky reminded us that there is no such thing as a slam dunk when it comes to damages awarded pursuant to a violation of the FCRA....more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

Dorsey & Whitney LLP

District Court Holds Consumer May Sue U.S. Governmental Entity for Money Damages under FCRA

Dorsey & Whitney LLP on

On February 7, 2018, the U.S. District Court for the Eastern District of Michigan denied a motion by the U.S. Department of Agriculture (“USDA”) to dismiss a lawsuit filed against the USDA seeking money damages for alleged...more

Carlton Fields

Court Refuses To Reconsider Arbitrator’s Factual Determinations

Carlton Fields on

In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages and attorneys’ fees to a company...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Dentons

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Dentons on

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Ballard Spahr LLP

U.S. Supreme Court Invites Solicitor General’s Views On Whether Certiorari Should Be Granted In Case Involving Standing To Recover...

Ballard Spahr LLP on

Yesterday, the U.S. Supreme Court invited the Solicitor General to file a brief to express the Obama administration’s views on whether certiorari should be granted in a consumer case involving an important issue of statutory...more

Foley & Lardner LLP

As the CFPB Turns … And Other Consumer Financial Services News

Foley & Lardner LLP on

In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more

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