In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of contract claim was not preempted by FCRA. Long v. Bank of America, N.A., No. 17-CV-2756, […]
Scott is a litigator who represents and advises clients facing a wide range of disputes, including arbitrations, litigation, and regulatory enforcement actions. Scott assists clients through diligent understanding of their industry, their needs in a particular case, and the law.
Of FCRA’s many remedy provisions, parties frequently focus their attention on 15 U.S.C. § 1681n(a), which includes provisions that allow plaintiffs to recover actual damages, statutory damages, punitive damages, and attorney’s fees. Rarely, however, do parties or courts look at a neighboring provision, 15 U.S.C. § 1681n(c). That […]
Recently, we’ve seen a number of state law and common law claims dismissed because those claims are preempted by FCRA. In general, a preemption defense argues that, where a state law could conflict with federal law, only the federal law survives. FCRA contains at least two express preemption […]
Last week, a federal court in Nevada dismissed FCRA claims for the plaintiff’s failure to file within the statute of limitations. Carrington v. Santander Consumer U.S.A., Inc., No. 2:17-cv-00038-KJD-NJK, 2018 WL 4682319 (D. Nev. Sept. 28, 2018). The opinion reminds plaintiffs of the importance of timely filing their […]
The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a shield. In a recent opinion, the Fifth Circuit ruled on the permissibility of broad […]
When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL 4290046 (3rd Cir. 2018).
In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring claims. After conducting a fact-intensive inquiry into the specific allegations made by prospective employees, the […]