News & Analysis as of

Fair Credit Reporting Act (FCRA) FACTA

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 15, 2022

Carlton Fields on

Real Property Update - Restraint on Alienation: Option clause in declaration, giving 814 Property a first option to purchase condominium unit, was an unreasonable restraint on alienation – 814 Prop. Holdings, LLC v. New...more

Hudson Cook, LLP

FCRA Year in Review: Key FCRA Appellate Decisions

Hudson Cook, LLP on

[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...more

Patterson Belknap Webb & Tyler LLP

Third Circuit Rejects J. Crew Customer Suit in Rigorous Application of Standing Principles

Last Friday, the Third Circuit held that a J. Crew customer lacked standing to the sue company for printing ten digits of his credit card on a receipt, in violation of the Fair and Accurate Credit Transaction Act (which...more

Womble Bond Dickinson

Third Circuit: Class Representative with Over-Detailed Receipt Lacks Standing to Bring FACTA Case against J. Crew

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We spend most of our time at FCRAland studying those rights included in the Fair Credit Reporting Act, as it was established in 1970. Yet Congress has amended FCRA over the years, including by adding additional statutory...more

Dorsey & Whitney LLP

11th Circuit Rules on Article III Standing in FACTA Cases

Dorsey & Whitney LLP on

On October 3, 2018, the 11th Circuit Court of Appeals issued a significant decision in a class action case regarding a plaintiff’s standing to sue for alleged violations of the Fair and Accurate Credit Transactions Act...more

Womble Bond Dickinson

The 11th Circuit Weighs In on “Injury In Fact”: Taking Time To Put a Credit Card Receipt In Your Wallet and Later Dispose of It...

Womble Bond Dickinson on

It doesn’t take much to have “standing to sue” under Article III for a technical violation of FCRA in the 11th Circuit. Based on the 11th Circuit’s October 3, 2018 opinion in Muransky v. Godiva Chocolatier, Inc., 2018 U.S....more

Latham & Watkins LLP

Speaking on Spokeo: Ninth Circuit Dismisses FACTA Lawsuit

Latham & Watkins LLP on

The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Fenwick & West LLP

Groundwork Grows for Defendants Challenging FACTA Complaints Lacking Actual Injury Allegations

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a...more

Foley & Lardner LLP

Supreme Court Will Not Look at Spokeo Again, Leaving Lower Courts to Grapple with Article III Uncertainties

Foley & Lardner LLP on

On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals’ recent decision in the storied Spokeo, Inc. v. Robins case. In 2016, the Supreme...more

BakerHostetler

District of New Jersey Further Defines the Evolving Boundaries of Injury-in-Fact After Spokeo

BakerHostetler on

On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a claim...more

Hinshaw & Culbertson LLP

Consumer Financial Services Newsletter - December 2016

Hinshaw & Culbertson LLP on

Seventh Circuit Dismisses Consumer's FACTA Case Pursuant to Spokeo - The Seventh Circuit remanded a Fair and Accurate Credit Transactions Act (FACTA) case, Jeremy Meyers v. Nicolet Restaurant of De Pere, LLC, instructing...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Pierce Atwood LLP

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

Pierce Atwood LLP on

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

Dorsey & Whitney LLP

After the FACTA: A Judgment Creditor Must Establish a “Credit” Transaction to Get a Credit Report

Dorsey & Whitney LLP on

On July 25, 2016, the United States District Court for the Western District of Washington held that before obtaining a consumer’s credit report, a third party judgment creditor must establish that the transaction at issue is...more

Ervin Cohen & Jessup LLP

Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

Fenwick & West LLP

eWorkplace Policies – Social-Media, Privacy & Internet-Security

Fenwick & West LLP on

Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other...more

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