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Credit Reports Breach of Contract

Burr & Forman

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

Burr & Forman on

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

Womble Bond Dickinson

Eleventh Circuit Examines Meaning of ‘Legitimate Business Need’

Womble Bond Dickinson on

In Domante v. Dish Networks, L.L.C. (“Dish”), the Eleventh Circuit examined permissible purposes for obtaining a credit report. Plaintiff-Appellant Peri Domante was the apparent victim of identity theft. In 2011 and 2013,...more

Hudson Cook, LLP

'Everything but the Kitchen Sink' Complaints

Hudson Cook, LLP on

Some plaintiffs' lawyers operate on the theory that if you fling enough bovine byproduct against the barn wall, some of it will stick. They include in their complaints every possible claim, regardless of how tenuously those...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

Womble Bond Dickinson on

In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

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