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Standing Fair Credit Reporting Act (FCRA)

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

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On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Ballard Spahr LLP

Appeals Court: No FCRA Informational Injury Standing

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A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

McGlinchey Stafford

Litigation Byte (August Edition)

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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

McGlinchey Stafford

FDCPA Claim: District Court Grants Summary Judgment in Favor of Creditor

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On June 14, 2024, in Smitherman v. Midland Credit Mgmt. Inc., the United States District Court for the Western Division of Missouri granted summary judgment for a creditor on a plaintiff’s claim under the Fair Debt Collection...more

Epstein Becker & Green

A Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today

Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more

Orrick, Herrington & Sutcliffe LLP

Massachusetts State Appeals Court orders a consumer has standing to sue in state court under the FCRA without federal standing

On January 11, the Massachusetts Court of Appeals ordered that an employee has standing to sue in state court, despite lacking standing to sue in a federal court. The employee (plaintiff) sued a prospective employer for...more

Maron Marvel

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

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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

Troutman Pepper

Calif. FCRA Ruling Boosts Technical Claim Defense

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A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Troutman Pepper

What We Learned From 2022’s Top FCRA Developments

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The Fair Credit Reporting Act saw no shortage of activity in 2022. That activity included judicial decisions, regulatory actions, and federal and state legislation. As we reflect on certain significant developments from the...more

Troutman Pepper

Ramirez Case Reaches Final Approval of Class Settlement

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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

Burr & Forman

Seventh Circuit Affirms Dismissal of FCRA Claim, But Finds Lack of Standing

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In Foster v. PNC Bank, National Association, the Seventh Circuit affirmed the dismissal of plaintiff’s Fair Credit Reporting Act (FCRA) claim, but determined that plaintiff lacked standing because he could not show that...more

Cozen O'Connor

Neither Confusion nor Expense of Retaining Counsel Sufficient for Article III Standing in FDCPA Case

Cozen O'Connor on

The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute such as the Fair Credit...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 29, 2022

Carlton Fields on

Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more

Ballard Spahr LLP

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

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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

Burr & Forman

Wisconsin District Court Dismisses FCRA Claim After Bank Mistakenly Accessed Consumer’s Credit Report

Burr & Forman on

The U.S. District Court for the Western District of Wisconsin recently held that Synchrony Bank did not violate the Fair Credit Reporting Act (“FCRA”) when it mistakenly requested a consumer’s credit report. In Carlson v....more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

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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

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Burr & Forman on

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Troutman Pepper

Ninth Circuit Finds Standing in FCRA File Disclosure Case But Rejects Expansive View of Definition of “File”

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The Ninth Circuit recently affirmed a Central District of California decision, denying a motion to remand and granting a motion to dismiss in Tailford, No. 20-56344, 2022 U.S. App. LEXIS 5357, at *11-12 (9th Cir. Mar. 1,...more

Littler

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

Littler on

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 25, 2022

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Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more

King & Spalding

Supreme Court Vacates Fourth Circuit’s Standing Decision and Remands for Reconsideration Under TransUnion

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On January 10, 2022, the Supreme Court summarily vacated the Fourth Circuit’s order in Rocket Mortgage, LLC v. Alig and remanded the case for reconsideration in light of TransUnion LLC v. Ramirez. (You can read our prior...more

Troutman Pepper

After Remand from Supreme Court, TransUnion v. Ramirez Parties Reach Class Settlement

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Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

Troutman Pepper

New Jersey District Court Dismisses Claims Brought under the FCRA After Data Breach Incident

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On December 22, the U.S. District Court for the District of New Jersey dismissed putative class claims brought against a health insurance company, following a 2013 data breach incident. In In re Horizon Healthcare Servs. Data...more

King & Spalding

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

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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

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