News & Analysis as of

Fair Credit Reporting Act (FCRA) Consumer Credit Reporting Agencies Act (CCRAA)

Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

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A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

Troutman Pepper

Federal Court Grants Summary Judgment Holding Reporting of Loan During COVID-19 Forbearance as Accurate

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In December 2021, a federal judge granted a motion for summary judgment in Mitchell v. Specialized Loan Servicing LLC, holding that defendant Specialized Loan Servicing LLC (Specialized Loan) properly reported plaintiff Eric...more

Troutman Pepper

California Judge Dismisses FCRA and CCRAA Complaint

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Recently, a district judge in California granted a defendant’s motion to dismiss in Koeut v. Navient Corp., ruling that the plaintiff failed to specifically allege facts to support an inference that Navient Corporation and...more

Troutman Pepper

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

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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

McDermott Will & Emery

Background Checks: The Advent of the New California Employment Class Action

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Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Sheppard Mullin Richter & Hampton LLP

First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks

Employers began to rethink how they obtain authorization and retrieve background and credit checks for new employees after the Ninth Circuit’s decision in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1177...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Womble Bond Dickinson

Delta Settles FCRA Class Action for $2.3 Million

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We have another multi-million dollar FCRA class action settlement on the books. In Schofield v. Delta Air Lines, Inc., No. 18-cv-00382-EMC, 2019 U.S. Dist. LEXIS 31535, at *1 (N.D. Cal. Feb. 27, 2019), the district court for...more

Ervin Cohen & Jessup LLP

Employer Alert: New Fair Credit Reporting Act Summary of Consumer Rights Form Required for Background Checks

Ervin Cohen & Jessup LLP on

Beginning September 21, 2018, employers must use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an...more

Haight Brown & Bonesteel LLP

Uber Wins Another Round: Ninth Circuit Holds Arbitration Agreements With Drivers To Be Valid And Enforceable

In Mohamed v. Uber Technologies (9th Cir. 15-16178), published September 7, 2016, a three judge panel of the Ninth Circuit upheld Uber’s mandatory arbitration provisions in the contracts signed by its drivers. In its ruling,...more

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