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Appellate Courts › Fair Credit Reporting Act (FCRA)

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

Bradley Arant Boult Cummings LLP on

The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit affirms lower court FCRA decision

Orrick, Herrington & Sutcliffe LLP on

On May 5, the U.S. Court of Appeals for the Eleventh Circuit dismissed in part an individual plaintiff’s appeal and otherwise affirmed the district court. The plaintiff had alleged that the defendant violated the FCRA by...more

Orrick, Herrington & Sutcliffe LLP

7th Circuit reverses decision in FDCPA case on negligence standard

Orrick, Herrington & Sutcliffe LLP on

On January 28, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s decision in a debt dispute under the FDCPA. The plaintiff alleged the defendant, a debt collector, violated the FDCPA by...more

McGlinchey Stafford

Litigation Byte (December Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Troutman Pepper Locke

Sixth Circuit Holds FCRA Preempts Defamation Claim

Troutman Pepper Locke on

The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision holding that the Fair Credit Reporting Act (FCRA) preempted the plaintiff’s state law defamation claim based on information furnished to a...more

Goodwin

2023 Year in Review: Major U.S. Supreme Court and Appellate Cases

Goodwin on

Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The Supreme Court continues to take a close look at major...more

McGlinchey Stafford

Third Circuit Rules the FCRA Waives U.S. Sovereign Immunity

McGlinchey Stafford on

On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening the circuit split on this issue. ...more

Cozen O'Connor

Fourth Circuit Adopts Safeco Scienter Standard to Prove False Claims Act Violation in Legal Falsity Cases

Cozen O'Connor on

A few weeks ago, the U.S. Court of Appeals for the Fourth Circuit answered a critical inquiry in the False Claims Act (“FCA”) context: does a defendant violate the FCA when it’s reading of the regulation is objectionably...more

Venable LLP

The Fourth Circuit enforces Safeco's rigorous, objective scienter requirement for Civil False Claims in Sheldon

Venable LLP on

On January 25, in United States ex rel. Sheldon v. Allergan, No. 20-2330 (4th Cir., Jan. 25, 2022), the United States Court of Appeals for the Fourth Circuit upheld a lower-court dismissal of a False Claims Act (FCA) case...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

Payne & Fears

Key California Employment Law Cases: April 2020

Payne & Fears on

Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

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