The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic. Specially, the CARES Act amends 15 U.S.C. § 1681s-2(a)(1) to […]
By Jason Wyman On March 20, 2020, the Ninth Circuit issued its opinion Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th Cir. Mar. 20, 2020) and created a “concise explanation” standard to judge when an employer’s background check disclosure form violates FCRA. Plaintiff applied for […]
By Nikku Khalifian A recent case involving a mortgage broker who revealed personal financial information on Yelp brought a modern perspective to the scope of FCRA protections. In United States of America, on behalf of the Federal Trade Commission v. Mortgage Solutions FCS, a mortgage broker found itself […]
By Nicole Su On March 17, 2020, a bill was introduced in the United States Senate to amend the Fair Credit Report Act to prevent negative credit reporting during the COVID-19 crisis. Subsequently, on March 23, 2020, a similar bill was introduced in the United States House of […]
Lex Machina released its first “Consumer Protection Litigation Report” on October 23, 2019, and it confirms what we already know: FCRA cases increased dramatically over the past decade. From a modest 1,299 cases in 2010, FCRA cases rose steadily to a peak of 3,665 cases in 2017. We […]
Last week the Eleventh Circuit revealed that it would schedule an en banc rehearing of its prior approval of a $6.3M class action settlement in Price v. Godiva Chocolatier Inc., et al., case number 16-16486. FACTA states that “no person that accepts credit cards or debit cards for the transaction of business shall print more than […]
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 Court for the Central District of California certified a class of consumers whose […]
In Trinity Warner v. Experian (link), the Ninth Circuit recently affirmed a district court’s summary judgment in favor of Experian, finding that dispute letters sent to Experian by a “credit repair agency,” Go Clean Credit LLC, were not “direct” communications from the consumer, and therefore did not trigger […]
