News & Analysis as of

Fair Credit Reporting Act (FCRA) Remand

Troutman Pepper

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper on

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

Womble Bond Dickinson

California District Court Certifies FCRA Class Action Against Experian after Servicer Went out of Business

Womble Bond Dickinson on

In a case originally filed in March 2016, and following the successful appeal of a grant of summary judgment in favor of Experian Information Solutions, Inc. (“Experian”), Judge Andrew Guilford of the United Stated District...more

Bradley Arant Boult Cummings LLP

Where a “Fair Ground of Doubt” Can Create Comfort: Taggart v. Lorenzen

In a unanimous, and perhaps unsurprising, decision, the Supreme Court determined that a creditor may be held in civil contempt for violating the discharge injunction if there is “no fair ground of doubt” as to whether the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Foley & Lardner LLP

Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo

Foley & Lardner LLP on

On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement, instead remanding the case back to the lower courts with...more

Womble Bond Dickinson

Don’t Remand Me: Court Denies Motion to Remand FCRA Case

Womble Bond Dickinson on

Cavanaugh v. Equifax Info. Servs., 2018 U.S. Dist LEXIS 169911 (D. Me. Oct. 2, 2018) is a recent and good reminder of the difficulties plaintiffs face when attempting to remand FCRA cases based on additional state law claims....more

Foley & Lardner LLP

On Remand From Supreme Court in Spokeo, Ninth Circuit Holds FCRA Violation Satisfies Article III Standing

Foley & Lardner LLP on

The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court. The Supreme Court in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016),...more

King & Spalding

Spokeo II : On Remand from Supreme Court, Ninth Circuit Finds Statutory Violation of Fair Credit Reporting Act Sufficient to...

King & Spalding on

On August 15, 2017, in a much-anticipated opinion in a case that has drawn national attention in the past three years, the United States Court of Appeals for the Ninth Circuit held that an alleged violation of the Fair Credit...more

Goodwin

Spokeo Remand Argument Highlights Inconsistent Interpretations of High Court Holding

Goodwin on

On December 13, 2016, the Ninth Circuit heard oral argument in Robins v. Spokeo (No. 11-56843) on remand from the Supreme Court. We wrote extensively (here, here, and here) about Spokeo before and after the Supreme Court’s...more

WilmerHale

Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Analysis of Concrete Harms

WilmerHale on

On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a plaintiff to have a concrete injury when alleging a statutory violation under the...more

BCLP

U.S. Supreme Court Holds That Congress May Not Create Constitutional Standing and Clarifies That Plaintiffs Must Suffer “Concrete”...

BCLP on

On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, No. 13-1339, addressing the question of Article III standing in consumer class actions where the plaintiffs allege statutory...more

Goodwin

Divided Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Further Proceedings

Goodwin on

On May 16, 2016, the Supreme Court released its opinion in Spokeo v. Robins, vacating the Ninth Circuit’s decision and remanding the case for further proceedings. Our earlier posts on the case provide more detailed...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

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