News & Analysis as of

Willful Violations Class Action

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

Fox Rothschild LLP

Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

Fox Rothschild LLP on

How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against Burlington Coat Factory. The claim is (again)...more

Fox Rothschild LLP

Defendant Cannot Disprove “Willfulness” In FLSA Class Action So Plaintiffs Get A Third Year: Should Never Happen!

Fox Rothschild LLP on

When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year statute of limitations to a third year....more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more

Farrell Fritz, P.C.

Can The Content Of My Privilege Log Jeopardize My Privilege Claim?

Farrell Fritz, P.C. on

Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material,...more

Womble Bond Dickinson

Eleventh Circuit Examines FCRA Willfulness Standard

Womble Bond Dickinson on

In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

Womble Bond Dickinson on

New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

Ballard Spahr LLP on

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Womble Bond Dickinson

Equifax Settles FCRA Claims Related to Reporting of Civil Judgments and Tax Liens

Womble Bond Dickinson on

As part of its business, Equifax reports publicly available civil judgment and tax lien information about consumers. However, in multiple class action lawsuits filed across the United States, plaintiff-consumers alleged that...more

Proskauer - Law and the Workplace

Ill. Supreme Court: BIPA Plaintiffs Are Not Required to Show Actual Harm To Have Standing

On January 25, 2019, in a closely watched case, the Illinois Supreme Court ruled that a plaintiff need not allege or demonstrate actual harm to have standing to pursue a claim under the Illinois Biometric Information Privacy...more

Littler

Employers Prevail in FCRA Class Actions

Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Goodwin

Eleventh Circuit Affirms Dismissal in FCRA Class Action

Goodwin on

Last week, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative Fair Credit Reporting Act (FCRA) case against Equifax and Transunion. In Pedro v. Equifax, Inc., plaintiff sought to...more

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

Sherman & Howard L.L.C.

FCRA Disclosure Revisited

In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or...more

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