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The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and...more

Tender Offer Rules & Regulations: What Private Companies Need to Know

Though more commonly associated with publicly listed companies, tender offer rules and regulations apply to private company transactions as well. Tender offers provide a mechanism for a prospective investor, or the company...more

Private Equity Transactions Face Increased Antitrust Scrutiny

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

M&A Trends in the Opportunity Economy

The M&A market is at a record pace in 2021. Womble Bond Dickinson attorneys D. Scott Anderson and Dean Rutley discussed the ongoing M&A boom and the factors they see impacting corporate transactions in the near future....more

M&A Trends in the Opportunity Economy

Takeaways: ..The M&A market is at a record pace in 2021, with a variety of factors (a thriving stock market, available debt, vaccines fueling a pandemic recovery, low interest rates, etc.) driving this growth....more

SEC Expands Definition of Accredited Investor

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted final rules amending the definitions of both an “accredited investor” under Rule 501 of Regulation D and a “qualified institutional buyer” under...more

Overview of the CARES Act's Paycheck Protection Loan Program

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).  Among the provisions of the CARES Act is the Paycheck Protection Loan Program (“PPP”), a new $349...more

Divided Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports

On Monday, a divided panel of the Ninth Circuit rejected what is perhaps the most common allegation asserted by plaintiffs as a way of achieving standing under FCRA: that, as a result of some alleged misconduct, their credit...more

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

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

Equifax Dodges FCRA Claims From 2017 Data Breach

In 2017, Equifax, one of the three major credit reporting agencies, revealed a breach that could have compromised the data of 143 million consumers. This data breach led to a multitude of lawsuits against Equifax, including...more

Settlement Tracker: Delta Airlines Settles FCRA Class Action

Earlier this month, a class representative for employees and prospective employees at Delta Airlines reached a proposed settlement with Delta. The settlement is awaiting court approval, but provides helpful context of the...more

FCRA Defendant Falls Victim of its Own Success, Gets Caught in Catch-22 of Subject Matter Jurisdiction

Yesterday, a federal court ruled that it did not have subject matter jurisdiction to decide a FCRA-related case. Specifically, the court ruled that the plaintiff did not allege sufficient facts for him to have standing under...more

Supreme Court Watch: Justices Seek Briefing on Potential Application of Spokeo

Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins.  That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that...more

State Agencies Can Enforce FCRA Too

When discussing FCRA, we often concentrate our focus on certain individuals and entities trying to enforce the statute: the CFPB (or BCFP), FTC, class action firms, and individual plaintiffs. Nonetheless, a recent settlement...more

Preemption Not a Silver Bullet to Defeat State Law Claims

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

FCRA Claims Lead to $27,000 Award . . . to Defendant

Of FCRA’s many remedy provisions, parties frequently focus their attention on 15 U.S.C. § 1681n(a), which includes provisions that allow plaintiffs to recover actual damages, statutory damages, punitive damages, and...more

State Law Claims Beware: When FCRA Preempts Claims Brought Under Other Laws

Recently, we’ve seen a number of state law and common law claims dismissed because those claims are preempted by FCRA. In general, a preemption defense argues that, where a state law could conflict with federal law, only...more

The Clock is Ticking: Court Analyzes When the Statute of Limitations Begins Running in FCRA Case

Last week, a federal court in Nevada dismissed FCRA claims for the plaintiff’s failure to file within the statute of limitations. Carrington v. Santander Consumer U.S.A., Inc., No. 2:17-cv-00038-KJD-NJK, 2018 WL 4682319 (D....more

Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena

The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a...more

When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL...

In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring...more

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