News & Analysis as of

Credit Reports Article III

Troutman Pepper

What We Learned From 2022’s Top FCRA Developments

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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

Troutman Pepper

Ramirez Case Reaches Final Approval of Class Settlement

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On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more

Burr & Forman

Seventh Circuit Affirms Dismissal of FCRA Claim, But Finds Lack of Standing

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In Foster v. PNC Bank, National Association, the Seventh Circuit affirmed the dismissal of plaintiff’s Fair Credit Reporting Act (FCRA) claim, but determined that plaintiff lacked standing because he could not show that...more

Troutman Pepper

Consumer Reporting Trade Association Defeats Antitrust Claim: Court Held Plaintiff Lacked Standing and Failed to Allege...

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On February 28, the U.S. District Court for the Southern District of New York dismissed a case brought against the Consumer Data Industry Association (CDIA) under federal antitrust law. The case alleged that the CDIA — a...more

Cozen O'Connor

When Might a Plaintiff Argue Against Their Own Article III Standing in a Consumer Protection Action?

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ARTICLE III STANDING- The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute...more

Burr & Forman

Wisconsin District Court Dismisses FCRA Claim After Bank Mistakenly Accessed Consumer’s Credit Report

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The U.S. District Court for the Western District of Wisconsin recently held that Synchrony Bank did not violate the Fair Credit Reporting Act (“FCRA”) when it mistakenly requested a consumer’s credit report. In Carlson v....more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

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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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

Womble Bond Dickinson

Is an Inaccurate Credit Report Alone Enough to Establish Article III Standing?

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A recent case out of the Eastern District of California addressed the split in authority on whether an inaccurate credit report alone is enough to establish a concrete injury in fact for purposes of Article III standing.  ...more

Arnall Golden Gregory LLP

AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA

What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more

Bradley Arant Boult Cummings LLP

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts

Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021),...more

Levenfeld Pearlstein, LLC

U.S. Supreme Court Clarifies Spokeo With TransUnion Decision

On June 25, 2021, the U.S. Supreme Court (the “Court”) issued a decision in TransUnion v. Ramirez (“TransUnion”), providing much-needed clarity on the types of injuries required to assert statutory privacy claims in federal...more

Goodwin

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

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On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

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On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit...more

Hudson Cook, LLP

FCRA Year in Review: Key FCRA Appellate Decisions

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[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

Brownstein Hyatt Farber Schreck

Actual Harm Required in Consumer Class Actions for FCRA

In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary...more

Wilson Sonsini Goodrich & Rosati

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in...more

Harris Beach PLLC

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

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On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

Wiley Rein LLP

U.S. Supreme Court Clarifies Circuit Split – Privacy Suits Require Concrete Harm for Article III Standing

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On June 25, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding that only plaintiffs concretely harmed by a defendant’s statutory violation have Article III standing to seek damages against the private...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

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Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

Rumberger | Kirk

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

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In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its...more

Skadden, Arps, Slate, Meagher & Flom LLP

SCOTUS Rejects Intangible Statutory Injuries as Basis for Class Member Standing and Sets Stage for Renewed Emphasis on Standing at...

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding long after a jury verdict that three quarters of a certified class of more than 8,000 Fair Credit Report Act (FCRA) class members lacked...more

Womble Bond Dickinson

Supreme Court Narrows FCRA Class By More Than 75% Finding That The Majority Of The Class Lacked Standing

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In TransUnion v. Ramirez, 2021 U.S. Lexis 3401 (U.S. June 25, 2021), Justice Kavanaugh, joined by Roberts, C.J. and Alito, Gorsuch, and Barrett, J.J., reversed the almost $40 million award affirmed by the Ninth Circuit Court...more

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