On Monday, a divided panel of the Ninth Circuit rejected what is perhaps the most common allegation asserted by plaintiffs as a way of achieving standing under FCRA: that, as a result of some alleged misconduct, their credit report contained misleading information. This decision arose in five related […]
On March 21, 2019, U.S. Magistrate Judge Staci G. Cornelius in the Northern District of Alabama reduced a FCRA plaintiff’s $3 million punitive damages award to less than $500,000. The court held that the multi-million dollar award was not justified and could violate due process given the plaintiff’s […]
We spend most of our time at FCRAland studying those rights included in the Fair Credit Reporting Act, as it was established in 1970. Yet Congress has amended FCRA over the years, including by adding additional statutory schemes and causes of action. For instance, in 2003, Congress passed […]
Yesterday, the District Court for the Northern District of Georgia granted a motion to dismiss FCRA claims in a case involving one of the largest data breaches in history. In the summer of 2017, Equifax’s systems were hacked repeatedly over the course of several weeks. During that time, […]
On Thursday, February 21, 2019, three Womble Bond Dickinson attorneys had the honor of presenting to a group of approximately 400 business people at ePlace Solutions, Inc.’s webinar, “Employee Privacy: The ‘Rights’ That Will Shock You.” Nadia D. Adams started the webinar by explaining the background of the […]
Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No. 5:16-CV-01067-MHH, 2019 WL 691403, at *2 (N.D. Ala. Feb. 19, 2019) the plaintiff’s FCRA […]
In Francisco v. Midland Funding, No. 17 C 6872, 2019 U.S. Dist. LEXIS 20601, at *2 (N.D. Ill. Feb. 8, 2019), the plaintiff sued Midland Funding LLC and Midland Credit Management, Inc. (“MCM”) under the Fair Debt Collection Practices Act (“FDCPA”) for the failure to promptly report the […]
Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly complicate the risk analysis associated with litigation depending on the claims asserted. Unfortunately, the Fair Credit […]
