News & Analysis as of

Standing Appeals Fair Credit Reporting Act (FCRA)

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

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On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Troutman Pepper

Calif. FCRA Ruling Boosts Technical Claim Defense

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A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court - September 2021

ArentFox Schiff on

The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more

Payne & Fears

Key California Employment Law Cases: March 2020

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Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Holds All Members of a Certified Class Must Have Article III Standing To Recover Monetary Damages

- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial. - Those class members...more

Ballard Spahr LLP

Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

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Earlier this month, in Buchholz v. Meyer Njus Tanick, P.A., the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision that a plaintiff who alleged that the defendant had violated the Fair Debt...more

BCLP

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing

BCLP on

On March 25, 2019, the United States Court of Appeals for the Ninth Circuit dealt another setback to plaintiffs trying to establish Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681,...more

Seyfarth Shaw LLP

Eighth Circuit Alert: District Courts Must Determine Article III Standing Before Approving Class Settlements

Seyfarth Shaw LLP on

On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements....more

Littler

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice...

Littler on

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more

Littler

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure...

Littler on

On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more

BCLP

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

BCLP on

On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more

Fenwick & West LLP

Procedural FCRA Violation Without Harm is Insufficient for Standing, 9th Circuit Rules

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more

Littler

The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRA's "Pre-Adverse Action" Notice Provision

Littler on

Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion,...more

Carlton Fields

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

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

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Proskauer - Minding Your Business

Concrete Enough to Stand: Ninth Circuit Upholds FCRA Claims in Spokeo

On August 15, 2017, the Ninth Circuit delivered the latest episode in the Robins v. Spokeo saga, reaffirming on remand from the Supreme Court that plaintiff Robins had alleged an injury in fact sufficient for Article III...more

Dechert LLP

Ninth Circuit Revisits Standing Analysis for Statutory Claims in Spokeo

Dechert LLP on

On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more

Eversheds Sutherland (US) LLP

Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Goodwin

Spokeo Resurfaces: Ninth Circuit Holds FCRA Plaintiff Has Standing to Sue

Goodwin on

On August 15th, the Ninth Circuit issued its opinion in Robins v. Spokeo, finding that plaintiff Thomas Robins has standing to continue his Fair Credit Reporting Act (FCRA) suit against Spokeo, Inc. In its opinion, a...more

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

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...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

Ballard Spahr LLP

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

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