News & Analysis as of

Fair Credit Reporting Act

Federal Court Orders Loan Servicer to Comply with CFPB’s CID Investigating Potential UDAAP and FCRA Violations

by Dorsey & Whitney LLP on

On February 28, 2018, the U.S. District Court for the Western District of Pennsylvania granted a petition by the Consumer Financial Protection Bureau (“CFPB”) to enforce a civil investigative demand (“CID”) against a student...more

In Florida One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

by Hinshaw & Culbertson LLP on

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and...more

9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing

by Weiner Brodsky Kider PC on

The Ninth Circuit has ruled that a plaintiff failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit Report Act (FCRA). The panel affirmed the district...more

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Congress Considers Legislation To Standardize Data Security And Breach Notification Regulatory Regime

by King & Spalding on

On Wednesday, March 7, the House Financial Services Committee (“HFSC”) considered two legislative proposals to streamline data breach notification laws. HFSC’s Subcommittee on Financial Institutions and Consumer Credit held a...more

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

by Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

Speaking on Spokeo: Ninth Circuit Dismisses FACTA Lawsuit

by Latham & Watkins LLP on

The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Miscellaneous Employment Law Developments

A. California WARN Act - 1. Layoffs Of Any Length Require Compliance with Cal-WARN - In The Internat. Brotherhood of Boilermakers etc. v. NASSCO etc., 17 Cal. App. 5th 1105 (Nov. 30, 2017), the employer notified 90...more

Employers Prevail in FCRA Class Actions

by Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Groundwork Grows for Defendants Challenging FACTA Complaints Lacking Actual Injury Allegations

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a...more

Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

As Dwight Schrute of hit NBC show “The Office” said, “identity theft is not a joke, Jim! Millions of families suffer every year!” In response, Congress has passed a variety of legislation over the years aimed at curbing...more

Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record...

by Hinshaw & Culbertson LLP on

Believe it or not, individuals with criminal convictions can make a business out of trolling online job boards for job postings that express an intent to discriminate against applicants with conviction records—think job...more

Mitigate Risk in Handling eDiscovery Data Subject to the U.S. Export Control Laws and Regulations

by Epiq on

The corporate world continues to see exponential growth in the generation of electronic data as a bi-product of business activity. Along with this growth come a number of responsibilities associated with the duty to...more

Handling Federal, NY State And NYC Background Check Laws

Employers often seek background information about applicants and employees as part of standard due diligence during the hiring process or in connection with other employment decisions. The Fair Credit Reporting Act serves as...more

Supreme Court Will Not Look at Spokeo Again, Leaving Lower Courts to Grapple with Article III Uncertainties

by Foley & Lardner LLP on

On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals’ recent decision in the storied Spokeo, Inc. v. Robins case. In 2016, the Supreme...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

by Carlton Fields on

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Supreme Court Rejects Spokeo Review

Once was enough, the U.S. Supreme Court signaled when it denied a writ of certiorari filed by Spokeo, Inc., seeking further clarification on Article III standing....more

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

by Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

January 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Consumer Financial Services: What to Expect in 2018

by Hinshaw & Culbertson LLP on

2017 was a highly volatile year for the consumer financial services industry, featuring significant court rulings, regulatory changes and other developments....more

Consumer Financial Protection Bureau Update

A degree of uncertainty hangs over the Consumer Financial Protection Bureau (CFPB) following the November 2017 resignation of its first director, Richard Cordray. On his last day in office, Cordray appointed his chief of...more

Supreme Court Says No More Spokeo: Portents for Other Standing Cases?

by Carlton Fields on

Earlier this week, the Supreme Court denied a petition for writ of certiorari in Spokeo II. As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether...more

The Supreme Court Declines to Entertain Spokeo Round 2

On January 22, 2018, the United States Supreme Court declined to weigh in on the Article III standing bar set in its seminal 2016 decision, Spokeo v. Robins, in a dispute over alleged inaccuracies on a credit report when it...more

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

by Ballard Spahr LLP on

The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more

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