News & Analysis as of

Consumer Reporting Agencies Class Action Fair Credit Reporting Act (FCRA)

Sheppard Mullin Richter & Hampton LLP

CFPB and FTC Argue Consumer Reporting Companies Have an Obligation to Correct Errors in Joint Amicus Brief

On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer who filed disputes with a consumer...more

Troutman Pepper

Data Furnishers Should Watch CFPB Plans for Class Actions

Troutman Pepper on

Information furnishers, beware. A potential rule under consideration by the Consumer Financial Protection Bureau is explicitly aimed at opening a new era of Fair Credit Reporting Act class actions against companies that...more

McGuireWoods LLP

Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

McGuireWoods LLP on

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information...more

Seyfarth Shaw LLP

U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision

Seyfarth Shaw LLP on

The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money...more

Womble Bond Dickinson

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section...

Womble Bond Dickinson on

On November 18, 2020, the United States District Court for the Central District of California (the “Central District”) dismissed the First Amended Complaint of putative class representatives asserting a FCRA claim against...more

Seyfarth Shaw LLP

In Moran, Dissent Sets Up Arguments for Other Circuits to Find Dismissals Are Adverse Events

Seyfarth Shaw LLP on

The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more

Womble Bond Dickinson

FCRA Claims Dismissed in Massive Equifax Data Breach Case

Womble Bond Dickinson on

Yesterday, the District Court for the Northern District of Georgia granted a motion to dismiss FCRA claims in a case involving one of the largest data breaches in history....more

Payne & Fears

Ninth Circuit Clarifies FCRA Disclosure Requirements

Payne & Fears on

The last few years have brought an increasing number of class action lawsuits filed against employers alleging non-compliance with the Fair Credit Reporting Act ("FCRA"). As part of an evolving trend of narrowly interpreting...more

Womble Bond Dickinson

Preliminary approval of class action settlement for Experian data breach exceeds $47M

Womble Bond Dickinson on

Remember Experian’s massive data breach of 15 million customers in 2015? The resulting consolidated class action is nearly resolved. On December 3, 2018, a California federal judge granted preliminary approval to a proposed...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

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Fenwick & West LLP on

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

Burr & Forman

Supreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins, Holds “Bare Procedural Violation” of FCRA Does Not...

Burr & Forman on

In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more

Bryan Cave Leighton Paisner

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Proskauer - Law and the Workplace

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

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