Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins. That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that is concrete (rather than a “bare procedural violation”). The import of […]
When discussing FCRA, we often concentrate our focus on certain individuals and entities trying to enforce the statute: the CFPB (or BCFP), FTC, class action firms, and individual plaintiffs. Nonetheless, a recent settlement demonstrates the importance of yet another actor—state agencies. In In the Matter of Encore Capital […]
The plaintiffs (“Plaintiffs”) in Gunter-King v. Wells Fargo Bank, N.A., Civil Action No. 18-11316 (JBS/JS), 2018 U.S. Dist. LEXIS 209443 (D.N.J. Dec. 12, 2018), defaulted on their loan obligation on or about July 2012 and a foreclosure suit was filed in May 2015. On February 3, 2016, they […]
Last Thursday, the Bureau of Consumer Financial Protection (the “Bureau”) announced a settlement with State Farm Bank, FSB (“State Farm”) regarding alleged violations of the FCRA as well as the Consumer Financial Protection Act of 2010. In the Consent Order, available here, the Bureau indicated that it found that […]
Remember Experian’s massive data breach of 15 million customers in 2015? The resulting consolidated class action is nearly resolved. On December 3, 2018, a California federal judge granted preliminary approval to a proposed class settlement valued at over $47 Million. Forty lawsuits against Experian were consolidated in the […]
In Mcinerney v. Eighth Judicial District Court, 2018 WL 6308727 (D. Nev. Dec. 3, 2018), Plaintiff Michael Mcinerney brought a negligence claim under 15 U.S.C. § 1681i against HireRight based upon its reporting of his criminal history. Based upon state court records, HireRight reported that Mcinerney was convicted […]
A recent case in the District of New Jersey provides a good reminder to be mindful of exclusions to mandatory arbitration provisions. In Webster v. OneMain Financial, Inc., No. CV 18-2711 (JBS/AMD), 2018 WL 6322617 (D.N.J. Dec. 4, 2018), the plaintiff filed suit alleging FCRA violations against OneMain. […]
The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little. Soman v. Alameda Health Sys., No. 17-CV-06076-JD, 2018 WL 6308185 (N.D. Cal. Dec. 3, 2018). The plaintiff in Soman applied for a […]
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