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McGlinchey Stafford

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

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In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #376 – Credit Reporting Agencies Extend Program to Check Credit Report Weekly for Free

Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more

Blank Rome LLP

Third Circuit Adopts New “Reasonable Reader” Standard and Holds Reporting Consumers’ Pay Status as Past Due with $0 Balance After...

Blank Rome LLP on

In this article, the authors examine a recent decision by the U.S. Court of Appeals for the Third Circuit finding that reporting a delinquent pay status with a zeroed-out balance where a past due account has been transferred...more

Brownstein Hyatt Farber Schreck

Industry Groups Weigh in Before the U.S. Supreme Court on FCRA Preemption Issue

Multiple financial services industry trade associations submitted arguments to the U.S. Supreme Court this week supporting the Consumer Data Industry Association’s (“CDIA”) petition for review of whether the Fair Credit...more

Blank Rome LLP

Third Circuit Adopts New “Reasonable Reader” Standard and Holds Reporting Consumers’ Pay Status as Past Due with $0 Balance after...

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In Bibbs v. TransUnion LLC, 2022 WL 3149216 (3d Circ. Aug. 8, 2022), the Third Circuit Court of Appeals (“Third Circuit”) affirmed the United States District Court for the District of Pennsylvania’s (“District Court”) orders...more

Holland & Knight LLP

Third Circuit Affirms Application of "Reasonable Reader" Test Under FCRA

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The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq....more

McGlinchey Stafford

Third Circuit Adopts “Reasonable Reader” Standard for Credit Report Accuracy

McGlinchey Stafford on

You are likely aware that the Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been...more

Ballard Spahr LLP

Third Circuit uses “reasonable reader” standard to determine credit reports were not inaccurate or misleading under FCRA

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has ruled that in determining whether a credit report is accurate or misleading under the Fair Credit Reporting Act’s “maximum possible accuracy” requirement, a district court...more

Wilson Sonsini Goodrich & Rosati

Consumer Financial Protection Bureau Alleges Dark Patterns in Advertising of Financial Products; Files Suit Against TransUnion and...

On April 12, 2022, the U.S. Consumer Financial Protection Bureau (CFPB) filed a lawsuit against TransUnion, two of its subsidiaries, and former TransUnion executive John Danaher in his individual capacity for violating an...more

Ballard Spahr LLP

CFPB files lawsuit against TransUnion and former executive alleging violations of 2017 consent order

Ballard Spahr LLP on

The CFPB has filed a new lawsuit against TransUnion, two of its subsidiaries (TransUnion Interactive, Inc. (TUI) and TransUnion, LLC (TULLC)), and a former TUI executive alleging that the defendants violated the CFPB’s 2017...more

Ballard Spahr LLP

Equifax/TransUnion to include buy-now-pay-later transactions in credit reports

Ballard Spahr LLP on

American Banker has reported that beginning in the next few weeks, Equifax will add a business industry code for buy-now-pay-later (BNPL) transactions to allow such transactions to appear on credit reports.  It also reported...more

Arnall Golden Gregory LLP

AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA

What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more

Bradley Arant Boult Cummings LLP

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts

Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021),...more

Levenfeld Pearlstein, LLC

U.S. Supreme Court Clarifies Spokeo With TransUnion Decision

On June 25, 2021, the U.S. Supreme Court (the “Court”) issued a decision in TransUnion v. Ramirez (“TransUnion”), providing much-needed clarity on the types of injuries required to assert statutory privacy claims in federal...more

Goodwin

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

Goodwin on

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

BCLP on

On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit...more

Brownstein Hyatt Farber Schreck

Actual Harm Required in Consumer Class Actions for FCRA

In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary...more

Wilson Sonsini Goodrich & Rosati

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in...more

Harris Beach PLLC

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

Harris Beach PLLC on

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

Wiley Rein LLP

U.S. Supreme Court Clarifies Circuit Split – Privacy Suits Require Concrete Harm for Article III Standing

Wiley Rein LLP on

On June 25, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding that only plaintiffs concretely harmed by a defendant’s statutory violation have Article III standing to seek damages against the private...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

Rumberger | Kirk

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

Rumberger | Kirk on

In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its...more

Skadden, Arps, Slate, Meagher & Flom LLP

SCOTUS Rejects Intangible Statutory Injuries as Basis for Class Member Standing and Sets Stage for Renewed Emphasis on Standing at...

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding long after a jury verdict that three quarters of a certified class of more than 8,000 Fair Credit Report Act (FCRA) class members lacked...more

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