Scott Kelly on Injury-in-Fact

What We Learned From 2022’s Top FCRA Developments

The Fair Credit Reporting Act saw no shortage of activity in 2022. That activity included judicial decisions, regulatory actions, and federal and state legislation. As we reflect on certain significant developments from the...more

4/14/2023 / Article III , Credit Reporting Agencies , Credit Reports , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Standing

Key Takeaways From the New Onslaught of FCRA Filings

Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

4/28/2022 / Article III , Class Action , Corporate Counsel , Credit Reporting Agencies , Credit Reports , Equifax , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Standing , TransUnion LLC v Ramirez

Supreme Court Decision: TransUnion v. Ramirez

Today, the Supreme Court issued its opinion in TransUnion LLC v. Ramirez, holding that a concrete injury requires more than the existence of a risk of harm that never materializes. Accordingly, the vast majority of the absent...more

6/28/2021 / Article III , Class Action , Class Members , Credit Reporting Agencies , Credit Reports , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Standing , TransUnion , TransUnion LLC v Ramirez

Seventh Circuit Once Again Affirms “No Harm, No Foul” Under FDCPA, While Concurring Judges Express Disagreement

Yet another Seventh Circuit decision has affirmed that a violation of the Fair Debt Collection Practices Act (FDCPA) does not, by itself, create an injury-in-fact sufficient for Article III standing. This time, however, two...more

5/24/2021 / Article III , Debt Collection , FDCPA , Injury-in-Fact , Standing

Supreme Court Considers Standing and Typicality for No-Injury Class Actions in TransUnion v. Ramirez Oral Argument

The U.S. Supreme Court heard oral argument yesterday in TransUnion LLC v. Ramirez, a case in which the Supreme Court is once again grappling with the requirements of Article III standing — this time in the context of class...more

4/2/2021 / Article III , Consumer Credit Reporting Agencies Act (CCRAA) , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Office of Foreign Assets Control (OFAC) , Oral Argument , Petition for Writ of Certiorari , SCOTUS , Standing , TransUnion LLC v Ramirez

Pennsylvania Federal Court Finds Lack of Article III Standing in Purely Procedural FCRA Violation and Dismisses Putative Class

On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more

8/26/2020 / Article III , Background Screening Services , Class Action , Class Certification , Criminal Background Checks , Discovery , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Job Applicants , Putative Class Actions , Spokeo v Robins , Standing

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

8/24/2020 / Actual Damages , Article III , Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Class Action , Class Certification , Credit Reports , Defense Strategies , Dismissals , EFTA , Fair Credit Reporting Act (FCRA) , FDCPA , FRCP 23(a) , Injury-in-Fact , Personal Jurisdiction , Remand , Standing , Statutory Damages , Statutory Violations , Truth in Lending Act (TILA)

Scott Kelly

Troutman Pepper

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